is weed legal in montana

Is Weed Legal In Montana: Full Guide

Table of Contents

Montana is a state located in the Western region of the United States. It is widely known as the “Treasure State due to its abundant natural resources such as copper, silver, and gold. Montana is also known for its breathtaking landscapes, including Glacier National Park and Yellowstone National Park. These two national parks offer visitors a chance to witness stunning natural wonders such as geysers, hot springs, and vast mountain ranges. Other remarkable attractions in Montana include the historic mining town of Virginia City and the Little Bighorn Battlefield National Monument. With all that vast land, you might think there is ample space for growing legal weed. And you’d be correct! 

Is Weed Legal in Montana? Straight to the point.

  • Recreational THC: Yes
  • Medical THC: Yes
  • CBD: Yes
  • Delta-8: No

Medical Weed Laws

In 2004, Montana legalized medical marijuana through Initiative 148. Patients under 18 years old require a caregiver to purchase and administer medical marijuana for them. To apply for a medical marijuana card, patients must have a qualifying medical condition diagnosed by a licensed physician and submit a completed application to the Montana Department of Revenue.

Qualifying medical conditions in Montana include but are not limited to:

  • Cancer
  • Glaucoma
  • Positive status for human immunodeficiency virus or acquired immune deficiency syndrome
  • Cachexia or wasting syndrome
  • Severe chronic pain that is persistent and of a nature that cannot be relieved by standard medical treatments and medications
  • Intractable nausea or vomiting
  • Epilepsy or an intractable seizure disorder
  • Multiple sclerosis
  • Crohn’s disease
  • Painful peripheral neuropathy
  • A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
  • Admittance into hospice care

Registered medical marijuana cardholders in Montana can purchase up to one ounce of usable marijuana or possess up to four mature plants, twelve seedlings, and one ounce of usable marijuana. 

Recreational Weed Laws

Initiative 190 was approved by Montana voters in November 2020, which legalized the possession and use of marijuana for adults aged 21 and older. Individuals under the age of 21 cannot legally use recreational marijuana in Montana. The possession limit for recreational marijuana in Montana is set at one ounce (28 grams) of marijuana flower or eight grams of concentrate. 

Furthermore, adults can grow up to four plants per household, with no more than 12 plants per household. However, consuming marijuana in public places is illegal, and employers can still enforce drug-free workplace policies. Additionally, driving under the influence of marijuana is prohibited and can lead to legal consequences like driving under the influence of alcohol.

Is Weed Decriminalized in Montana?

Weed has been decriminalized in Montana. In 2019, the Montana Legislature passed a bill decriminalizing the possession of up to 1 ounce (28 grams) of marijuana or marijuana-infused products. Possession of more than 1 ounce but less than 60 grams is considered a misdemeanor offense, while possession of more than 60 grams is considered a felony offense. 

Under the current law, the possession of drug paraphernalia, including pipes and bongs, is also decriminalized. 

Cannabinoid Variants

With the legalization of industrial hemp production in the United States, CBD has become a mainstream product that can be purchased in various forms, including supplements, topicals, and edibles. However, there are regulations that commercial CBD products must follow, such as being derived from hemp and containing less than 0.3% Delta-9 THC. When it comes to THC variants such as Delta-8, Delta-10, THC-O, THC-V, HCC, and HHC-O, the legal status in Montana is uncertain, with some being classified as Schedule 1 drugs and others having no explicit laws. 

Is CBD legal in Montana?

The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products. 

The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is legal in Montana.

Is Delta-8 legal in Montana?

Although recreational marijuana is legal for adults aged 21 and over in Montana, the state does not make an exception for Delta-8 THC. As a result, Montana has left Delta-8 THC on the Controlled Substances Act, effectively making it a Schedule I drug. Montana does not have possession limits for Delta-8 THC because it is illegal, and the product cannot be purchased within the state unless it is naturally sourced regulated marijuana products. 

Many states that have legalized traditional marijuana are avoiding the Delta-8 market for tax reasons and because of competition from the more preferred market. Therefore, Delta-8 THC is illegal in Montana, and individuals should avoid purchasing, possessing, or using hemp-derived Delta-8 THC products to avoid legal consequences.

Is Delta-10 legal in Montana? 

Like Delta-8 THC, Montana has classified Delta-10 THC as an illegal substance. This means that purchasing, possessing, consuming, and distributing Delta-10 THC is illegal in Montana and subject to the same legal consequences as Delta-8 THC, which is listed as a Schedule 1 drug. Therefore, individuals should avoid purchasing, possessing, or using Delta-10 THC products in Montana to avoid legal penalties. It is crucial to stay up-to-date on the state’s laws and regulations regarding Delta-10 THC and other cannabinoids to ensure compliance with state laws.

Are THC-O and other THC variants legal in Montana? 

In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023. 

The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. This is because these compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids. 

The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers. 

For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. However, advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids. 

Are HHC and HHC-O legal in Montana?

The legal status of HHC and HHC-O in Montana is uncertain, as there are no specific laws or regulations governing the use of these substances. It is advisable to seek advice from a legal or medical professional before using them in Montana or any other state. 

Cultivation Laws

In the state of Montana, where these laws apply, adults who are 21 years of age or older are legally allowed to grow up to two mature plants and/or two seedlings without needing a license. A household with more than one adult is allowed to grow up to four plants and/or four seedlings at a time. 

However, if an individual grows more than two mature plants, they can be charged with a felony and face up to 10 years in prison and a fine of up to $50,000. Growing more than 1 pound of marijuana or more than 30 plants is also considered a felony. It can lead to a minimum of 2 years imprisonment and a maximum of life imprisonment, along with a fine of up to $50,000.

Where to Buy Weed in Montana

There are several ways to purchase legal weed in Montana, and all you need is a valid medical card or ID showing you are over 21. 


Recreational marijuana sales are only legal in “green counties,” where licensed dispensaries sell various products such as edibles, concentrates, and CBD items, with a limit of one ounce of marijuana per transaction or its THC equivalent. However, possession of larger quantities remains illegal. Montana has about 80 licensed dispensaries statewide.


In Montana, some dispensaries may offer delivery services for recreational marijuana, but it depends on the limitations set by each dispensary. However, by law, medical dispensaries are exclusively allowed to provide marijuana delivery services to medical patients only.

Direct to Consumer

It’s currently unclear if direct-to-consumer sales are allowed in Montana when it comes to marijuana products. However, you can certainly order CBD products online directly from the manufacturer. 

Black Market

Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.

General FAQ

Where can you smoke weed in Montana? 

In Montana, it is illegal to consume marijuana in public places. However, it is legal to consume marijuana in private residences, including those rented from landlords who allow marijuana consumption on their property. It is important to note that landlords have the right to prohibit marijuana consumption on their rental properties, so it is always best to check with them first. Additionally, Montana’s medical marijuana program allows patients to consume marijuana in private, non-public locations designated by their caregivers or dispensaries.

Can you smoke weed in public in Montana? 

It is illegal to consume marijuana in public places in Montana. This includes streets, sidewalks, parks, and any other public location. Violating this law can result in fines and other legal consequences. It is crucial to consume marijuana only in private locations, such as in one’s own residence or on private property, with the owner’s permission. Additionally, it is illegal to consume marijuana on federal land, including national parks and forests, in Montana.

When was weed legalized in Montana?

Medical marijuana was first legalized in Montana in 2004 when voters approved Initiative 148. However, the program was suspended in 2011 due to legal challenges and was later revised and reinstated in 2016 with the passage of Initiative 182. 

Recreational marijuana was legalized in Montana on November 3, 2020, when voters approved two separate ballot initiatives: Initiative 190, which legalized the possession and use of recreational marijuana by adults aged 21 and over, and Constitutional Initiative 118, which set the legal age for marijuana use at 21 and established a framework for regulating the state’s recreational marijuana industry. The possession and use of recreational marijuana became legal in Montana on January 1, 2021. 

Punishment for Illegal Acts FAQ

What are the penalties for selling, gifting, transporting, or importing weed?

The penalties for selling, gifting, transporting, or importing weed in Montana depend on the amount of marijuana involved and the circumstances of the offense.

For example, selling or distributing up to one pound of marijuana without a license is a misdemeanor offense in Montana, punishable by up to six months in jail and a fine of up to $500. Selling or distributing more than one pound of marijuana is a felony offense, punishable by up to 20 years in prison and a fine of up to $50,000.

Transporting or importing marijuana into Montana is also a felony offense, regardless of the amount involved. The penalties for transporting or importing marijuana into Montana vary depending on the amount involved and can range from a maximum of six months in jail and a fine of up to $500 for transporting or importing less than 60 grams of marijuana to a maximum of life imprisonment and a fine of up to $50,000 for transporting or importing 10 pounds or more of marijuana.

It is important to note that these penalties are subject to change and may vary based on individual circumstances, such as prior criminal history and other factors. It is always best to consult a legal professional for specific legal advice related to marijuana-related offenses in Montana.

What is the penalty for selling to a minor?

In Montana, selling or providing marijuana to a minor is a serious offense that can result in significant penalties. It is considered a felony offense, regardless of the amount involved, and is punishable by a minimum of two years and a maximum of life imprisonment, as well as a fine of up to $50,000. Additionally, selling or providing marijuana to a minor may also result in the revocation or suspension of the seller’s license to sell marijuana, as well as other legal and administrative consequences.

What is possession with the intent to sell?

Possession with the intent to sell is a criminal offense that refers to the possession of drugs, such as marijuana, with the intention of selling or distributing them to others. This offense involves having a certain quantity of drugs, drug paraphernalia, or other evidence that suggests the drugs were intended for sale or distribution.

In Montana, possession with the intent to sell marijuana is considered a felony offense, regardless of the amount involved. It is punishable by up to 20 years in prison and a fine of up to $50,000. However, the specific penalties for possession with the intent to sell may vary based on individual circumstances, such as the amount of marijuana involved, prior criminal history, and other factors.

When is possession still a crime?

Possession is a crime if you possess more than the allotted legal limit or if you are suspected of intent to distribute.

Take Action
to Legalize

Show your support for federal legalization of all cannabis.

Text "Vote" to 420-420

Legal Weed Updates

Enter your information below to get updates and alerts about the legality status of weed in your area.

Legal Weed Updates