Medical marijuana has been legal in Montana since 2004, but the program has had some serious ups and downs. As the number of medical marijuana patients in the state swelled to nearly 31,000, the legislature attempted to repeal Montana's medical marijuana legalization.
The effort was passed by the legislature in 2011, but it was vetoed by the governor. So, instead, the legislature placed such severe restrictions on the program that enrollment dropped to only 9,000 by 2014.
In response, three ballot initiatives were proposed: one to loosen the medical program's rules, one to fully legalize it for Montanans over 21, and one to end the medical marijuana program. Voters chose to loosen the medical marijuana rules with the passage of I-182.
SB 265 made even more changes to the program, allowing patients to untether from their cannabis providers and easing access for thousands of new patients. And on November 3, 2020, voters legalized marijuana with the passage of I-90, which also establishes a 20% tax on recreational sales.
Frequently Asked Questions
About Medical Marijuana in Montana
Was Marijuana legalized in Montana?
Yes. As of Nov. 3, 2020, voters passed recreational marijuana via 1-90. The state has until Oct. 2021 to draft the rules for sales and regulation.
Does Montana have a list of qualifying conditions?
Yes, Montana's list of qualifying conditions is a bit more restrictive than other states:
- 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
How long does it take to get a medical marijuana card in Montana?
The state doesn't set a specific time limit, but processes cards in the order received. They recommend that patients use ACH or credit card to pay their fees for faster processing.
Can I smoke marijuana in public in Montana?
No, it's not legal to consume cannabis in public in Montana, whether for recreational or medical purposes. The only really safe place for a patient to consume marijuana in Montana is at home.
How long is my MMJ card good for in Montana?
Your card will be valid for a year, unless your physician recommended a shorter time.
Can I grow my medical own marijuana in Montana?
If you've designated someone else as your provider, then you won't be allowed to grow your own. If you don't have a provider, then you are allowed to have 4 mature plants, 4 seedlings and you are allowed to possess usable cannabis in the amounts listed above.
Adults 21 and over can grow the same amount for recreational purposes.
Can I get an MMJ card if I'm not a Montana resident?
No. Montana only opens their medical marijuana program to Montana state residents with a Montana State issued ID card or driver's license.
How much marijuana am I allowed to buy and possess in Montana?
A registered cardholder is allowed to possess
* One ounce of flower OR
* Eight grams of concentrate OR
* 800mg of THC infused into products or edibles OR
* 16 half gram vape cartridges OR
* Eight one gram vape cartridges
Recreational users are subject to the same limitations.
Will my medical insurance cover cannabis in Montana?
No. Insurance companies won't cover medical marijuana because it's still on the Schedule 1 list.
Will my Montana MMJ patient status be put on a list?
Registered cardholders who are only growing for their own use aren't required to do a background check. Your name won't be put on a list for law enforcement. Law enforcement has to call the department to check patient status.
What forms of ID are acceptable for my Montana medical marijuana application?
You'll need a state-issued driver's license or ID or a U.S. Passport.
Can a minor join the Montana medical marijuana registry?
Yes, but there are extra requirements. The parent or guardian will have to apply for the child, and if they are going to grow for their child, they'll need to register as a Marijuana Infused Products Provider or name a provider on behalf of their child. They'll also need two separate physician recommendations on this special form.
Can I use MMJ in Montana if I'm under Department of Corrections supervision?
No. Anyone under the supervision of the Department of Corrections is not eligible to participate.
I heard my Montana MMJ card could be revoked if I'm convicted of DUI. Is this true?
Yes, it's 100% true that in Montana, if a cardholder's license is taken away for DUI, the cardholder will have to surrender their MMJ card as well.
Can I grow my own cannabis if I rent in Montana?
Only if you submit a signed Landlord Permission Form with your application materials.
