Is Weed Legal In Montana?

Rebecca Hanlon
Last Updated: June 13th, 2023
Disclaimer: This article and its contents are not intended to be and should not be used as medical or legal advice. We recommend you contact your local governing body for the most up-to-date laws and guidance on this matter.

Is Weed Legal In Montana?

Yes. Since January 1, 2021, Montana residents (aged 21 and over) can hold, use, and grow as much as 1 ounce (28 grams) of marijuana for both medical and recreational use. This come after the passing of Montana I-190, the Marijuana Legalization and Tax Initiative on November 3rd, 2020.

This legislation falls under House Bill 701, which covers a variety of other weed-related laws as well.

For example, of that 1 ounce, no more than 8 grams should be that of concentrate, and the THC (psychoactive component of marijuana) content of anything must not exceed 35%, i.e. 100 mg per capsule or 800 mg per capsule pack. Additionally, any past arrests of weed-related crimes in Montana may be subject to resentencing or expungement.

Y0u should note that marijuana consumption and possession (including medical marijuana) remains prohibited in public and certain other locations. It is also prohibited under federal law on all federal lands and waters. Marijuana (except medical marijuana) is prohibited in hospitals and other healthcare facilities.

Where Do I Get Marijuana in Montana?

marijuana in montana

As of now, only licensed dispensaries can sell medical marijuana to people with a state-issued medical marijuana card. They are allowed to buy up to 5 ounces of marijuana a month but not all at once, as possessing more than 1 ounce is always illegal, and they cannot distribute that to an acquaintance or friend without a medical marijuana card.

The recreational sale to adults without a medical need will begin on January 1, 2022, in those counties of Montana where over 50% of voters voted in favor of this legislation to legalize the sale of weed. Counties that decided in favor or against marijuana selling may switch their side any time. Even then, only the established medical providers will start selling it. Any store that wishes to apply for a new license can only do so after July 1, 2023.

The government, in addition, will start issuing different types of licenses such as those for cultivation, manufacture (into edibles or joints), sale, laboratory testing, transportation, and many combinations of these, and once this begins, even the medical marijuana program will move from under the Department of Public Health and Human Resources to the Department of Revenue.

If you wish to find a nearby provider (the term for a dispensary in Montana) for marijuana, it is a simple Google search away. Until then, the only legal way to obtain marijuana is to grow it yourself. People with a medical marijuana card can hold up to 4 mature cannabis plants (can appeal for more if your physician supports it), while everyone else can possess up to 2 of them. Any cannabis, including concentrates, derived from those is up for grabs.

Keep in mind that you cannot purchase weed in another state and bring it to Montana, as that is illegal under federal law.

How Do I Consume Marijuana?

consume marijuana

It is a legal obligation for you to consume Marijuana in private since smoking it in public can result in a fine of $50. It is especially prohibited to smoke it in social settings such as schools, public transport, places of worship, prisons, and other such locations. That goes for medical marijuana too.

Be it medical marijuana or recreational, it is supposed to be kept out of sight. If you are growing it in your residence, no neighbor should be able to see it. Similarly, if you are transporting it, it must be kept in a safe, unopened bag in the trunk or locked in the glove compartment. If you are caught violating these guidelines, you must pay a $100 fine.

In any case, possession of more than 1 ounce of weed may put you at risk of five years in prison, and a monetary loss of up to $5,000.

Final Thoughts

While the possession, consumption, and growth of 1 ounce of marijuana are completely legal, its sales in nearby medical providers in selected counties are yet to begin. If you do not hold a medical marijuana card, the only way to procure weed right now is to grow it but if you do not wish to do that, you will simply have to wait until January 1, 2022.

Disclaimer: This article and its contents are not intended to be and should not be used as medical or legal advice. We recommend you contact your local governing body for the most up-to-date laws and guidance on this matter.

About The Author

Rebecca Hanlon

Rebecca has been a travel blogger and editor for over 5 years, working with some of the biggest brands in industry. She’s taught English as a foreign language in 5 different countries, and her most fulfilling role was as a tour guide around some of Europe’s finest vineyards. She the one behind the social channels here at Discovering Montana, whilst also finding the time to perform an assistant editor role.

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