As of January 1, 2021, adults over the age of 21 are allowed to use, possess, and cultivate marijuana in the state of Montana following the passage of ballot initiatives I-90 and CI-118 in 2020. Adults may possess up to 1 ounce of cannabis flower or 8 grams of concentrate. Cultivation of 4 plants per individual or 8 plants per household is also allowed. On May 18, 2021, Governor Greg Gianforte signed HB701, which enacts the rules, regulations, and tax allocation for the state's program, and ensures adults will be able to purchase cannabis from dispensaries. Retail sales are expected to begin in January 2022.
Possession of more than 1 oz (approximately 28 g) of flower marijuana but 60 g or less 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. Possession of larger amounts of marijuana is a felony punishable by up to 5 years imprisonment and $50,000 in fines.
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:
• Crohn’s disease
• 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.