Montana Marijuana Laws

Medical (Comprehensive)


Important Dates

2004: Medical marijuana was legalized
2011: Lawmakers attempted to repeal the legality of medical marijuana; however, the Governor vetoed the repeal and instead, substantial restrictions were put on the state’s medical marijuana program
2016: Bill I-182 was passed removing many medical marijuana program restrictions
2017: SB333 was signed which added mandatory testing, seed to sale tracking and new tax regulations to the medical cannabis industry

History

In 2004, the Montana Medical Marijuana Act was approved by 62% of voters. In 2011, lawmakers attempted to repeal the law; however, the Governor did not sign the appeal. Instead, a bill was passed and new provisions were put into place that made it extremely hard for medical marijuana patients to gain access to medicinal cannabis. For example, providers could only service three patients at one time and any doctor who recommended medical marijuana more than 25 times in one year could be audited by the state medical board. In 2016, Bill I-182 passed and amended the strict medical marijuana laws in Montana, expanding the list of qualifying conditions, allowing providers to service more than three patients and establishing licensing procedures for dispensaries. In 2017, SB333 was signed into law, adding mandatory testing, seed-to-sale tracking and new tax regulations to the industry.

FAQs

Can I possess, buy or grow marijuana in Montana?

In Montana, Cannabis is legal for medical usage only. Medical marijuana patients can possess up to an ounce of medical marijuana and can grow up to four mature plants or 12 seedlings on private property if they do not designate a provider. Qualifying conditions include, but are not limited to:

  • Cancer
  • Chronic Pain
  • HIV/AIDS
  • Seizures
  • Nausea
  • Glaucoma
  • Crohn’s Disease
  • Post Traumatic Stress Disorder

Punishment for the possession, sale and cultivation of recreational marijuana is extreme. A first offense possession charge can result in six months in prison. Sale and cultivation carry even higher levels of punishment.

Can I operate a vehicle while under the influence of marijuana in Montana?

It is illegal for patients and non-patients to operate a vehicle under the influence of a drug, including marijuana.

How do I get a medical marijuana card in Montana?

In order to obtain a medical marijuana card in Montana, you must submit a photo of the registrant, a photo ID (Montana license, passport, Montana state ID), the appropriate application papers, a doctor’s recommendation and a fee of $30 to the Montana Department of Health and Human Services. Applications are processed in the order they are received.

Can I use marijuana in public in Montana?

Rules regarding smoking marijuana in public in Montana are vague; however, the law currently prohibits smoking on school grounds, in public parks, public beaches or recreation centers and in correctional facilities. In order to avoid fines and jail time, it’s advisable to only use marijuana on private property.

Can I sell marijuana in Montana?

Only licensed providers may sell medical marijuana in Montana.

Disclaimer

The information presented here should not be construed as legal advice. State and Federal laws are always subject to change. We aim to keep this page as updated as possible; however, for additional information regarding Montana marijuana laws, please see Find Law and the National Conference of State Legislatures.