Montana Marijuana Laws

Can you access medical marijuana in Montana? Yes, you can. 

Medical marijuana has been legal in Montana since 2004 when a voter initiative ushered in the state’s first medical marijuana law. 

The initiative, named the Montana Medical Marijuana Allowance Initiative or I-148, won 62% of the popular vote and opened up access to medical marijuana. Patients with debilitating conditions could produce, possess and use medical marijuana.

Montana legal marijuana suffered a setback in 2011 when lawmakers attempted to repeal I-148. 

House Bill 161, a bill to repeal the medical marijuana legalization in Montana, was passed by both houses of the legislature, but, fortunately, Governor Brian Schweitzer vetoed it.

Though the governor vetoed the repeal, the lawmakers still had their way as they rushed through another bill named SB423 that severely curtailed the Montana medical marijuana program. The restrictive bill practically made it impossible for most patients to access medical marijuana.

Some of the restrictions in the bill included the following:

• Cultivators could assist only three patients, and they can’t receive compensation.
• The state medical board would audit any doctor who recommended medical marijuana for more than 25 patients in a year.
• It was illegal to test medical marijuana for safety and potency.
• Law enforcement officials could enter the homes of medical marijuana providers to conduct a warrantless search, even if it’s private property.

Legalization campaigners didn’t take this blow lying down. They challenged the bill in court but eventually, the Supreme Court ruled in favor of the restrictive bill in February 2016.

By August 2016, 93% of Montana’s medical marijuana patients had lost access to a medical marijuana provider.

Still, campaigners were undeterred, and once again, voters took matters into their own hands. On November 8, 2016, at the general elections, voters approved I-182, which removed the restrictive measures of the previous law and established a regulatory structure for businesses. 

Yes, adults aged 21 and older can possess and use up to 1 ounce of marijuana. 

In 2020, voters approved a ballot initiative known as Montana 1-190, which aimed to legalize recreational marijuana in the state. From January 1, 2021, adults were allowed to consume marijuana recreationally.

However, you must understand that there are still regulations guiding Montana recreational weed, and you have to observe them or face the consequences of the law.

Medical patients with an MMJ in Montana have access to a variety of financial benefits. Under the Montana Medical Marijuana Act, registered medical marijuana users do not have to pay state sales tax on marijuana purchases. Additionally, they are eligible for reduced fees when applying for or renewing their MMJ cards.

Moreover, many dispensaries offer discounts and other promotions to medical marijuana patients. These benefits can result in significant savings over time, allowing patients to purchase more medication and devote more of their resources to other healthcare expenses such as doctor visits and medication costs.

The qualifying medical conditions for a medical marijuana card in Montana are:

Cancer: Patients who have been diagnosed with cancer may qualify for medical marijuana treatments if their condition has interfered with the life-sustaining activities of daily living. This includes nausea, pain, impaired appetite, and weight loss due to chemotherapy or radiation treatment.

Chronic Pain: Patients suffering from chronic pain that has lasted longer than six months may be eligible for a medical marijuana card if they have suffered at least three months of unsuccessful treatment options such as physical therapy, medications, or other approved therapies.

Epilepsy: Patients suffering from epilepsy or seizures may qualify for a medical marijuana card if they have experienced at least three months of unsuccessful treatment such as medications or surgeries.

Glaucoma: Patients with glaucoma can apply for a medical marijuana card if their condition has not responded to conventional treatments such as prescription medications and/or surgery.

HIV/AIDS: Patients with HIV/AIDS may qualify for a medical marijuana card if their condition has caused them physical pain and suffering due to the weakened immune system.

Post-Traumatic Stress Disorder (PTSD): Individuals diagnosed with PTSD may be eligible for a medical marijuana card if they suffer from severe symptoms including nightmares, flashbacks, severe anxiety, depression, insomnia and irritability that interfere with daily living activities despite traditional forms of treatment like psychotherapy and/or medication management being used unsuccessfully to treat the disorder over a period of time.

Cachexia (wasting syndrome): Patients diagnosed with cachexia or wasting syndrome resulting from an underlying chronic illness can qualify for a medical marijuana card if they cannot achieve relief through approved traditional treatments such as prescription drugs or nutritional supplements prescribed by their healthcare provider over an extended period of time.

Marijuana dispensaries in Montana must be licensed and registered, and owners must undergo a background check. All dispensary employees must have a valid work permit.

Dispensaries licensed to sell recreational marijuana can sell only recreational marijuana, and those licensed to sell medical marijuana can sell only medical marijuana. For detailed Montana dispensary laws and requirements, click here.

Are you allowed to grow your marijuana in Montana? 

Yes, at-home cultivation is legal in Big Sky Country! But, you must understand Montana marijuana growing laws to keep to the legal limits.

You must cultivate your plants in a private space and it must not be visible to the public. 

If your plants are visible to the public, you face a civil fine of up to $250 and forfeiture of the plants.

If you’re interested in growing your plants, the state has no problem with that! However, there are limits. So, how many marijuana plants can you grow in Montana?

Adults can grow up to two plants and two seedlings for personal use, while patients can grow up to 12 seedlings and four mature plants.

What if you’re from out of state and want to buy medical marijuana in Montana? Montana does not have reciprocity, so it does not recognize out-of-state MMJ cards.

However, adults from out of state can buy recreational marijuana in Montana.

As we’ve mentioned, regulations guide the possession and use of marijuana in Montana. Patients aged 18 and above who wish to register in the Montana medical marijuana program and obtain a Montana medical marijuanas card must have a qualifying condition and a doctor’s recommendation.

On the other hand, patients under 18 must designate a parent or legal guardian as their provider.

The qualifying conditions for an MT medical card include:

• Cachexia or wasting syndrome
• Cancer
• Chronic pain that is persistent and significantly interferes with daily activities
• Crohn’s disease
• Epilepsy or other intractable seizure disorder
• Glaucoma
• HIV/AIDS
• Intractable nausea or vomiting
• Multiple sclerosis
• Muscle spasms
• Peripheral neuropathy
• Post-traumatic stress disorder (PTSD)

Cannabis is legal, but it’s not an all-you-can-eat buffet. For recreational marijuana, adults aged 21 or older can possess a maximum of 1 ounce at a time.

Penalties for possession of more than 1 ounce but less than 2 ounces include a fine of up to $200 or 4 hours of community service. Second and subsequent convictions attract a fine of up to $300 or 6 hours of community service. Possession of more than 2 ounces is a felony punishable by up to five years in prison and/or fines up to $45,000.

For medical marijuana, the limit is also 1 ounce.

Can you consume marijuana anywhere you like in Montana? Unfortunately not.

It is prohibited to possess or consume marijuana in public spaces like parks, schools, buses, and public buildings.

It’s also illegal to consume cannabis on all federal properties, including lands and waters, because marijuana is still illegal at the federal level.

Except for medical marijuana, you can’t possess or use marijuana in hospitals and other healthcare facilities.

Of course, you can’t drive under the influence of marijuana. 

You can have marijuana in your car, but the law around this one is very tight. The product must be unopened, in its original packaging, and stored outside the “passenger area.” That leaves your glove and luggage compartment, truck bed, and cargo area as the only places you can keep marijuana in your car.

A conviction for possessing the legal quantity of marijuana in your car outside these designated areas carries a maximum fine of $100.

The total THC limit permitted in recreational marijuana is 35%. 

Edibles can contain up to 10mg of THC per serving and a maximum of 100mg in an entire package, while topical products can contain no more than 6% THC and 800mg of THC per package.

Capsules, transdermal patches, and suppositories can contain no more than 100mg of THC and a maximum of 800mg of THC in an entire package.

The THC limit does not apply to medical marijuana.