Is Marijuana Legal in Montana?

Is Marijuana Legal in Montana
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Despite a few restrictions here and there, marijuana is fully legal in Montana. Like many other states, Montana first legalized medical marijuana before subsequently making recreational use legal. However, there are still many aspects of the state’s marijuana program that require work. For instance, the lack of reciprocity for out-of-state medical marijuana patients and low possession limits could be improved upon. Nevertheless, this page covers all the essential information regarding the legality of weed in Montana.

Is weed legal in Montana for recreational use?

Yes, possession and consumption of weed for both medical and recreational purposes is legal in Montana. 

When did weed become legal in Montana?

Recreational weed was legalized by voters in Montana in November 2020. However, the legalization kicked off in January 2021.

Are edibles legal in Montana?

Yes, edibles are legal in Montana.

Is medical marijuana legal in Montana?

Yes, the use of marijuana for the treatment of several qualifying illnesses is legal in Montana. Medical marijuana has been legal in the state since 2004.

How to get medical marijuana in Montana

Medical marijuana can be purchased from any state-licensed provider (dispensary) across Montana.

Can I go to a dispensary without a card in Montana?

No. Although recreational marijuana is legal across Montana, you’ll need to present a medical marijuana card when you arrive at a dispensary in the state. This is set to change in the coming months so adults can buy marijuana without a card.

How long does it take to get your medical card in Montana?

It takes approximately a week after consultations with a physician to get your medical marijuana card in this state.

Does Montana accept out-of-state MMJ cards?

Unfortunately, Montana does not have reciprocity with other states’ medical marijuana programs. It also does not offer any protection for out-of-state patients who possess medical marijuana within the state.

Marijuana bills/laws in Montana & key questions

After the Montana Medical Marijuana Allowance initiative or I-148 was passed in 2004, patients with debilitating conditions were allowed to use marijuana for medicinal purposes. Although lawmakers attempted to repeal this initiative, Gov. Brian Schweitzer ultimately vetoed the measure.

Senate Bill 423, the Montana Marijuana Act was also passed in 2004 to enforce stringent restrictions on medical marijuana use in the state. Although many provisions of Senate Bill 423 were contested in court, many of these provisions were eventually upheld by 2016.

The Montana Medical Marijuana Initiative or I-182 was approved by voters in 2017. This initiative essentially removed some restrictions and expanded the list of qualifying conditions.

Finally, the use of cannabis for recreational purposes was legalized in the state when voters approved the Montana I-190 or the Marijuana Legalization and Tax Initiative. The initiative imposed a 20% sales tax on marijuana sales and proposed the expungement of cannabis records or resentencing for related crimes.

How much marijuana can I have in Montana? (in oz)

Recreational marijuana users in Montana can possess, consume, or grow up to an ounce of marijuana. Meanwhile, medical marijuana patients who have an MMJ card can purchase up to 5 ounces of marijuana monthly. However, they may not purchase more than an ounce daily.

Is Marijuana decriminalized in Montana?

Yes, marijuana is currently decriminalized for small possessions in Montana.

Is there a fine or penalty for marijuana possession in Montana?

Possession of more than an ounce of marijuana is a felony punishable by up to 5 years in jail and a fine of up to $5000

How many cannabis plants per household in Montana?

Recreational cannabis users can grow up to an ounce of marijuana. Meanwhile, medical marijuana patients are expected to either choose to exclusively grow or purchase their cannabis. Where they grow, it must be in line with possession limits for patients.

Montana dispensaries regulations

Montana’s Department of Public Health and Human Services (DPHHS) was previously tasked with regulating and licensing the state’s marijuana program and the licensing of dispensaries in the state. However, this responsibility has now been moved to the state’s Department of Revenue.

Montana growers regulations

Montana’s Department of Revenue oversees the commercial cultivation of marijuana across the state.

Closing thoughts

Montana’s marijuana industry is still growing and is perhaps headed in the right direction. However, it’s one of the legal states with very restrictive provisions. From possession limits to its decriminalization threshold, Montana will need to evolve its industry to meet the demands of the current realities. Considering it was one of the early adopters of medicinal marijuana, it’s surprising to see that things have not progressed as fast as they could have in Montana.

We are NOT legal advisers. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice, should not be construed as legal advice nor relied upon as such.

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