Montana Cannabis Laws & Regulations

Located in the Northwest, Montana is a state of wide-open spaces and stunning natural beauty. Big Sky Country is home to both Yellowstone National Park and Glacier National Park. There’s no shortage of state parks to visit in Montana either (the state is home to 55!). The state boasts some of the best Rocky Mountain skiing and hiking experiences anywhere. 

Montana’s rich history is on full display, from its many museums to the real old west ghost towns that have found a second life as active centers of living history. The state also embraces its Native American heritage and is home to several nations that welcome visitors to experience their culture.

As of 2022, both medical and recreational cannabis are legal in Montana.

Is Weed Legal in Montana?

YES. Adults aged 21 and over can legally take marijuana for medicinal or recreational use in the state of Montana.

Weed Legalization in Montana

Montana’s history with legalized cannabis stretches back to 2004, when Montana voters approved ballot initiative I-148 by 61%. I-148 established the state’s medical marijuana program and began Montana’s push toward full legalization.

Later, in 2011, SB423 also known as the Montana Marijuana Act imposed heavy restrictions on the medical program. However, it was challenged in court in 2016, and ultimately led to ballot initiative I-182, which also passed. I-182 eliminated many of the restrictions on the medical program and opened it up to patients with PTSD and chronic pain.

In 2019, Montana expanded its medical program again with SB265, which increased competition in the state’s medical market and made it easier for patients to access cannabis from different providers.

Montana finally moved to legalize adult-use recreational cannabis in 2020 with ballot initiative I-190.  The measure passed with a margin of 56.9% to 43.1%. The measure went into effect on January 1, 2021, and the state’s legal market opened for business in January of 2022.

As of 2022, the consumption of cannabis is legal for medicinal and recreational use in the state of Montana.

Cannabis Tax in Montana

Adults aged 21 and above can purchase cannabis from state-licensed dispensaries.

The states levies up to a 23% tax on marijuana purchases, which covers:

• Excise tax - 20%
• Local business taxes at the town or city level - up to 3%

Adults aged 18 and above with a valid Montana medical marijuana card can purchase cannabis at state-licensed medical dispensaries.

The states levies up to a 7% tax on medical marijuana purchases, which covers:

• Excise tax - 4%
• Local business taxes at the town or city level - up to 3%

According to Montana state law, the first $6 million collected in cannabis tax is designated for Montana’s Healing and Ending Addiction through Recovery and Treatment (HEART) fund. After that, 20% of the revenue goes to the Department of Fish, Wildlife, and Parks to fund wildlife habitat, 4% goes to the state parks, 4% goes to the state’s trails and recreational facilities account, and an additional 4% goes to benefit nongame wildlife. Montana then designates 3% or $200,000, whichever amount is less, to the state’s veterans and surviving spouses account. $150,000 is set aside for the state’s board of crime control for crisis intervention training. Any additional funds are held in the state’s general account.

Is Cannabis Delivery Available in Montana?

Medical marijuana home delivery is allowed. The state hasn't approved adult-use home delivery yet, but recreational dispensaries have only been in operations for a few months, so this should change soon. Check back for updates.

Where Can You Legally Use Weed in Montana?

Cannabis can be legally used in the following areas in Montana:

🗹 Private properties such as residences

Cannabis CANNOT be consumed in:

X Public spaces

X Businesses that lack a license for commercial cannabis consumption

X Motorized vehicles in motion, for both driver and passengers

X Federal land, like national parks

What are the Restrictions on Cannabis Possession in Montana?

Adults aged 21 and above may purchase and possess up to:

• Cannabis:  1 ounces / 28.35 grams
• Cannabis concentrates: 0.28 ounces / 8 grams

For transfer to another adult:

• Dried cannabis:  1 ounces / 28.35 grams
• Cannabis concentrates: 0.28 ounces / 8 grams

For the state’s recreational home cultivation program:

• Maximum # of mature plants: 2
• Maximum # of immature plants: 2

For medicinal use:

• Dried cannabis:  1 ounces / 28.35 grams
• Cannabis concentrates: 0.28 ounces / 8 grams

For the state’s medical home cultivation program:

• Maximum # of mature plants: 4
• Maximum # of immature plants: 4

During vehicular transportation:

• Cannabis may either be in a sealed container, or
• Stored in the trunk of the vehicle

Frequently Asked Questions About Marijuana in Montana

What are the qualifying conditions for medical cannabis in Montana?

Montana’s list of qualifying conditions for medical cannabis are as follows:

• Glaucoma
• HIV or AIDS (must be adversely affecting patient's health status)
• Cancer
• Wasting syndrome or cachexia
• Persistent pain of severe intensity that significantly interferes with daily activities and is documented by the patient's treating physician
• Intractable seizures or epilepsy
• Intractable nausea or vomiting
• Crohn's disease
• Multiple sclerosis
• Painful peripheral neuropathy
• Hospice care
• A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
• PTSD

What type of ID do I need to register as a medical cannabis patient in Montana?

You’ll need your Montana driver’s license, state-issued ID, or valid US passport to prove your identity and Montana residence for your medical marijuana registration.

What does Montana charge to register as a medical marijuana patient?

Montana charges a $20 registration fee for new medical cannabis patients. The state charges a $20 fee for renewal as well.

How long is my medical marijuana card good for in Montana?

Montana medical marijuana IDs are good for one year, unless specified otherwise.

Can I get a medical marijuana card in Montana if I live in another state?

No. Montana requires you to be a resident of the state in order to register as a medical cannabis patient.

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

The state doesn’t post a specific time frame. Online registration and paying all fees via a credit or debit card will speed up the process.

Will I be put on a government list for registering as a medical cannabis patient?

The state does keep track of your registration status to keep records of your registration current, but you won’t be placed on any list with law enforcement. Montana requires law enforcement to contact the state’s registry to get a patient’s status.

Will my medical insurance cover my medical cannabis in Montana?

Probably not. Most insurance companies don’t cover medical cannabis because it is still illegal on the federal level.

Can my medical cannabis card be revoked if I get a DUI in Montana?

Yes. The state will revoke your medical marijuana card if you are convicted of a DUI.

Can I grow my own medical cannabis if I rent in Montana?

Yes, but you’ll need to get permission from your landlord to do so. You must submit a Landlord Permission Form along with your application.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.