Medical Marijuana / Cannabis Laws in Montana
- 2004 – Measure I 148, the Montana Medical Marijuana Act or the Montana Medical Marijuana Allowance Initiative.
- 2011 – Senate Bill 423, passed by the 2011 Legislature, repeals I-148 and enacts a new medical marijuana program, which includes: permitting patients to grow marijuana or designate a provider; limiting each marijuana provider to three patients; prohibiting marijuana providers from accepting anything of value in exchange for services or products; granting local governments authority to regulate marijuana providers; establishing specific standards for demonstrating chronic pain; and reviewing the practices of doctors who certify marijuana use for 25 or more patients in a 12-month period.
- 2017 – Senate Bill 333 (SB 333) also imposes a 4% tax on medical marijuana beginning July 1, 2017 and decreases to 2% beginning on July 1, 2018.
Telehealth for Cannabis in Montana
Telehealth is legal for medical cannabis consultations in Montana. You can see a compassionate and friendly medical marijuana physician online with Leafwell today.
Recreational Cannabis Laws in Montana
- 2020 – Initiative No. 90
– I-190 legalizes the possession and use of limited amounts of marijuana for adults over the age of 21. I-190 requires the Department of Revenue to license and regulate the cultivation, transportation, and sale of marijuana and marijuana-infused products and to inspect premises where marijuana is cultivated and sold.
Benefits of having a Medical Marijuana Card in a Recreational State like Montana (MT)
- Lower taxes – medical marijuana patients pay 4% tax, recreational cannabis enthusiasts 20%.
- Access to a greater number of products and dispensaries.
- Medical marijuana patients can legally purchase cannabis from the age of 18.
- Greater legal protection and medical marijuana reciprocity with other states.
Qualifying Conditions for Medical Cannabis Patients in Montana
- Cachexia or Wasting Syndrome
- Chronic Inflammatory Demyelinating Polyneuropathy
- Crohn’s Disease
- Intractable Nausea or Vomiting
- Multiple Sclerosis (MS)
- Painful Peripheral Neuropathy
- Positive status for Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome (HIV/AIDS)
- Post-Traumatic Stress Disorder (PTSD)
- Severe Chronic Pain
- A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
- Admittance into hospice care in accordance with rules adopted by the department
- Any other medical condition or treatment for a medical condition approved by the legislature
Medical Marijuana for Minors in Montana
Patients must be aged 18 or over in order to qualify for medical marijuana for themselves in Montana. Those aged under 18 will need a caregiver who is aged 21 or over. Montana does not, however, have a caregiver program per se, as it was replaced by the Provider/Marijuana Infused Products Provider (MIPP) program. This means that, when it comes to Montana’s medical marijuana program, someone who might be the child’s caregiver (e.g. parent or legal guardian) would be known as a “provider”. You can find the Montana Provider Application form here. Physicians also need to fill out a physician statement for minors.
As for whether medical marijuana consumption is legal for minors on school grounds, we cannot find any legislation pertaining to it. Legislation bars any use within 1000 feet of schools, and schools and universities may bar its use on their property.
Those with criminal convictions may not be eligible for Montana’s Provider Program.
Cannabis Possession Limits in Montana
1 oz. usable cannabis flower, 8 gram concentrate for both medical and recreational cannabis users.
Cannabis Cultivation Laws in Montana
Up to 4 mature and 4 immature plants if the patient hasn’t elected a dispensary provider. A maximum of 8 mature and 8 immature plants per household. Montana residents aged 21 and older to grow no more than four marijuana plants and four seedlings for personal use in their residence, as long as the plants are within an enclosed area with a lock and beyond public view.
Medical Cannabis Qualification and Gun Laws
Montana medical marijuana patients are prohibited from possessing guns and ammunition.
Medical Marijuana and Employment Laws
Although employers can still have workplace drug tests, recent laws passed, namely House Bill 655 (effective July 1, 2021) and amendments to the existing I-190, suggest that there may be some protections for medical marijuana patients in future, protecting off-work use. Past cases have allowed employers to terminate employees even for legal, off-site use, but this is no longer the case.
Employers may still prohibit employees from possessing or consuming cannabis at the workplace. Employers may also take adverse action against employees if their off-duty marijuana use:
- Affects employees’ ability to perform their job properly, or affects the safety or responsibilities of others in the company
- Conflicts with a bona fide occupational qualification that is reasonably related to the employees’ employment
- Violates a personal service contract with an employer
- Conflicts with the nature of a non-profit organization and their objectives, whose objectives include discouraging the use of marijuana.
Local Cannabis Laws in Montana
Some towns and cities, like Billings, have banned or attempted to ban medical marijuana dispensaries operating in their jurisdictions. These bans have not always proven successful.