Montana

It is not legal to consume marijuana in Montana unless it has been recommended by a medical professional. For those who are not participating in Montana’s medical program, possession of 60 g or less of flower marijuana or 1 g or less of THC concentrate is a misdemeanor that may result in a maximum fine of $500 and incarceration for up to 6 months for first-time offenders. Subsequent violations may lead to fines of up to $1,000 and 3 years of incarceration. In Missoula County, first-time possession for under 60 g of flower marijuana or 1 g or less of concentrate has been decriminalized and violators may face fines of up to $500. Possession of larger amounts of marijuana is a felony punishable by up to 5 years imprisonment and $50,000 in fines. Cultivation of any number of plants is also a felony that may result in a $50,000 fine. Terms of imprisonment vary depending on the number of plants.


Patients participating in the state’s medicinal program may possess 1 oz of usable marijuana, provided they have named a provider. Those who have not named a provider may possess up to 4 mature plants, 4 immature plants, and 1 oz of usable marijuana. MDs or DOs with a license to practice medicine in Montana must have a bona-fide physician-patient relationship with patients to recommend marijuana, and may only do so for the following qualifying conditions:
•    Cachexia
•    Cancer
•    Crohn’s disease
•    Epilepsy
•    Glaucoma
•    HIV/AIDS
•    Intractable nausea or vomiting
•    Peripheral neuropathy
•    PTSD (post-traumatic stress disorder)
•    Severe and chronic pain
•    Severe and persistent muscle spasms


Patients who are under hospice care may also qualify. 


Montana does not have a reciprocity program to accommodate medical marijuana patients from out of state. 


For more information, see the Montana Medical Marijuana Program page: https://dphhs.mt.gov/marijuana.

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