MONTANA MARIJUANA LAWS - CANNABIS & HEMP LAWS

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Montana’s Cannabis and Hemp Laws

Medical

Yes (since 2004 and amended again in 2016)

Legal Personal Possession Weight

  • Dried cannabis flower: 1-ounce
  • Cannabis concentrate: 8-grams
  • Edibles: 800 mg of total THC content
  • Vape Cartridges: 16 x .5mL cartridges or 8 x 1mL vape cartridges

However, you cannot purchase the maximum limit of each category. An example is that you purchase 1-ounce of dried cannabis flower OR 8-grams of cannabis concentrate.

Source

https://dphhs.mt.gov/marijuana/cardholders/cardholderfaq#159678513-how-much-medical-marijuana-can-i-possess

Recreational

No

Legal Personal Possession Weight

Currently, it’s illegal to purchase recreational cannabis. Carrying 60-grams or less of cannabis without a medical marijuana license will result in a misdemeanor for the first offense. If caught again, the result is a felony.

Source

https://norml.org/laws/item/montana-penalties-2

Grow Your Own

Yes

Plant Count

If you elect to grow your own medical marijuana, you are allowed to grow 4 mature cannabis plants and 4 cannabis seedlings. However, you must hold a valid medical marijuana license from Montana’s Medical Marijuana Program.

If caught without a valid medical marijuana card, you will be subject to a felony.

Source

https://dphhs.mt.gov/marijuana/cardholders/cardholderfaq#159672069-how-many-plants-can-i-have-if-im-on-the-montana-marijuana-registry

Is Caregiving Allowed

Yes

Plant Count

6 mature cannabis plants. However, this number may increase depending on the license obtained because caregivers must apply as Providers. Providers undergo the same licensing procedure as medical marijuana-based businesses.

Weight

Up to 1-ounce of dried cannabis flower, or if listed as a Provider, this number may drastically increase.

License Cost

Currently, applying for a medical marijuana card in the state of Montana costs $30.

You may apply online for a medical marijuana card here:

https://mt-public.mycomplia.com/#!/signin

If you are applying to become a Provider in Montana, then apply here:

https://mt-public.mycomplia.com/#!/signin

Here are the fees for Providers:

  • Caretaker Relative: $100
  • 1 to 10 patients: $1,000
  • 11 to 50 patients: $2,500
  • 50 or more patients: $5,000

Which Organization Manages Licenses?

The State of Montana’s Department of Public Health and Human Services

Source

https://dphhs.mt.gov/marijuana

Vertical or Horizontal Cannabis License for Business

Which Organization Manages Licenses?

The State of Montana’s Department of Public Health and Human Services

Total Cannabis License Cost

Currently, the total cost for a cannabis license is between $500 and $100,000. Depending on the number of locations or patients, the license cost can increase or decrease.

File a new cannabis business with the DPHHS here:

https://dphhs.mt.gov/Portals/85/marijuana/NewCanopyBusinessApplication.pdf

Apply for a cannabis license here:

https://mt-public.mycomplia.com/#!/signin

Dispensary License Cost

A Dispensary License increases in cost as the number of locations rise.

For example, a single medical marijuana dispensary costs $500. However, opening a dispensary in 6 or more locations results in a fee of $100,000.

Click here to apply for a Dispensary License:

https://mt-public.mycomplia.com/#!/signin

Cultivation License Cost

A cultivation license is required to produce medical marijuana products. However, it’s known as a Provider in the state of Montana.

Here are the fees for Providers:

  • Caretaker Relative: $100
  • 1 to 10 patients: $1,000
  • 11 to 50 patients: $2,500
  • 50 or more patients: $5,000

Furthermore, cultivation is also broken up into Canopy Tiers. The cost begins and $500 and can be upwards of $20,000 for a large commercial medical marijuana operation.

Click here to apply to become a Provider:

https://mt-public.mycomplia.com/#!/signin

Transportation License Cost

Currently, all medical marijuana businesses must sign up for a Provider license or a Dispensary License to transport commercial medical marijuana.

Click here to apply:

https://mt-public.mycomplia.com/#!/signin

Disposal License Cost

Although there are specific rules regulating the way in which medical marijuana is disposed of — there is not yet a Disposal License. However, all commercial medical marijuana businesses must have a Provider or Dispensary License.

Click here to apply:

https://mt-public.mycomplia.com/#!/signin

CBD or Hemp License/Program (Yes or No)

Yes

Which Organization Manage Licenses?

Montana Department of Agriculture

Cultivation License

Apply here to become a legal Hemp Grower in Montana:

https://app.mt.gov/accessgov/agr/Forms/Page/ad5977a8-0f92-49c6-ba5d-bd7d686b6996/0/

Hemp Processor License

Montana requires that all hemp processors apply for a Hemp Processor License:

https://agr.mt.gov/Portals/168/Documents/IndustrialHemp/MTHempProcessorLicenseApplication2020V1.pdf

Retail License

Currently, Montana allows businesses to buy and sell hemp-derived products without a formal license. (Commodity Dealer Exemption)

Food License

If you wish to process hemp-derived products into food, you must apply for a Hemp Processor License. Apply here:

https://agr.mt.gov/Portals/168/Documents/IndustrialHemp/MTHempProcessorLicenseApplication2020V1.pdf

FAQs

Where Can You Legally Consume Cannabis in Montana?

You can legally consume medical marijuana in the private setting of a residence. You must not consume medical cannabis in public.

Driving Under the Influence in Montana

It’s illegal to drive under the influence of medical marijuana in the state of Montana. If you are suspected of a cannabis-based DUI, you will be arrested and charged with a DUI.

Can You Transport Marijuana in Montana?

Yes, you may transport medical marijuana if you are a licensed Provider, Dispensary (or Dispensary Agent), or you hold a valid medical marijuana card. However, the possession limits are subject to your license.

Can You Export Marijuana from Montana?

No. It’s considered illegal to export cannabis from Montana to any other state. Doing so will likely result in a felony.

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