Key Takeaways
- Weed has been legal in Montana since January 2021, with a possession limit of 1 ounce of usable marijuana, including 8 grams of concentrates and 800 mg of THC in edibles.
- Possession of between 1 and 2 ounces is decriminalized, with a fine of $200 in the first instance.
- Medical marijuana is legal in Montana for people with a qualifying condition. Patients can get 5 ounces a month.
Weed has been legal in Montana since January 2021, so any adults aged 21 or over in the state can legally possess up to 1 ounce (28.35 g) of marijuana. Adults can also grow up to two mature plants and two seedlings.
Montana weed laws also permit medical marijuana, where patients have the same possession limit but can grow a larger number of plants to meet their needs.
While weed is completely legal in Montana, there are some rules and regulations that it’s good to know if you’re going to consume in the state.
Is Cannabis Legal in Montana?
Weed is legal in Montana for both recreational and medical use. Any adult (21+) in the state can possess, transfer, and purchase up to 1 ounce (28.35 g) of marijuana.
Is Recreational Cannabis Legal in Montana?
Montana legalized recreational weed use in January 2021, after voters passed Initiative 190 in November 2020.
State lawmakers then passed HB 701, essentially putting the rules from the initiative into state law. The bill makes it legal (page 52, Section 41: 16-12-106(1)(a)) for any person aged 21 or over to possess up to 1 ounce (28.35 g) of usable marijuana, with a maximum of 8 g of this as a concentrate and up to 800 mg of THC in edibles.
You can also grow up to 2 mature and 2 immature plants, and possess all of the excess cannabis produced by them, provided it’s in a locked container that isn’t visible to the public.
Penalties for Possession of Excess Cannabis
Possessing more weed than the legally permitted amount does carry penalties, though.
HB 701 does establish limited civil penalties for possession of up to 2 ounces, but beyond that, the system reverts to a more criminalized one.
- For possession of between 1 and 2 ounces (and/or between 8 and 16 g of concentrate) for a first offense, the individual has a choice between a $200 (max) fine or up to 4 hours of community service.
- For a second offense with the same limits, the choice is between a fine of up to $300 and 6 hours of community service.
- For a third or subsequent offense, you’ll either be fined up to $500 or get 8 hours of community service.
- For higher amounts of weed, it’s considered a felony and the punishment increases to up to 5 years in prison and a fine of up to $5,000.
Is Medical Marijuana Legal in Montana?
Medical marijuana has been legal in Montana since 2004 but ran into some problems in 2011 when lawmakers tried to institute more stringent rules.
This battle came to an end with the passage of the Montana Medical Marijuana Initiative in 2016, which essentially removed the additional restrictions lawmakers had passed in 2011. It was revised by SB 333 in 2017, and this forms the modern version of Montana’s medical marijuana bill.
Patient Possession Limits
Medical marijuana patients in Montana can buy up to one ounce of marijuana per day, and up to 5 ounces in a month (based on a rolling 30-day period).
Medical patients are also permitted to grow up to 4 mature plants and 12 seedlings and possess the cannabis produced from it, provided any excess is kept in a locked and secure container, out of the view of the public.
You can also petition the medical marijuana program to increase your monthly allowance up to 8 ounces if your physician agrees.
How to Get a Medical Marijuana Card in Montana?
The process for getting a Montana medical marijuana card is very similar to that in other states.
First off, you need to receive a diagnosis of a qualifying condition from a licensed physician in Montana.
These qualifying conditions are:
- Cancer
- Glaucoma
- Positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status
- Cachexia or wasting syndrome
- Severe chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician
- Intractable nausea or vomiting
- Epilepsy or an intractable seizure disorder
- Multiple sclerosis
- Crohn’s disease
- Painful peripheral neuropathy
- A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
- Admittance into hospice care
- Post-traumatic stress disorder (PTSD)
When your physician diagnoses you with one of these conditions and agrees that marijuana is a suitable treatment, he or she can issue a physician statement, which you can use to apply for your card within 60 days.
You then visit the online portal and start your application. You’ll also need proof of Montana residency and a passport-style photo for your card. There is a $20 fee for new applications or renewals and a $10 if you need a replacement card at any point.
Can You Consume Weed in Public?
HB 701 makes it clear (page 57, Section 43: 16-12-108(1)(h)&(i)) that marijuana use in non-smoking locations and public places is not permitted. This is punishable by a civil fine of $50.
Can You Drive Under the Influence?
Driving under the influence of marijuana is illegal in Montana.
However, unlike many states, Montana institutes a limit of 5 ng THC per ml of blood to determine whether you are under the influence of marijuana, analogous to the limits on blood alcohol content.
By driving on the roads in Montana, you’re deemed to have already given your consent for blood or breath tests to determine the amount of drugs or alcohol in your system. If you refuse such a test, they’ll take your license and keep it for 6 months (in the first instance), and the fact you refused will be admissible as evidence in court.
For the DUI itself, the punishments are:
- For a first offense, you’ll be imprisoned for between 24 hours and 6 months and fined between $600 and $1,000.
- For a second offense, the prison sentence increases to between 7 days and 1 year, with fines between $1,200 and $2,000. Your vehicle may also be seized.
- For a third offense, you’ll be imprisoned for between 30 days and 1 year, and the fine increases to between $2,500 and $5,000.
- For a fourth or subsequent offense, the prison sentence increases to between 13 months and two years, and fines can be between $5,000 and $10,000.
Note that all of these punishments increase if any passenger in the vehicle is under 16 years of age.
Is Delta-8 THC Legal in Montana?
Delta-8 THC is not legal in Montana. With the passage of HB 948 in 2023, it is illegal to sell any cannabinoid “produced artificially,” which covers all commercial delta-8 THC products.
Is Weed Decriminalized in Montana?
Weed is legal in Montana, so it’s technically decriminalized, but really the law goes further than this.
There is no punishment at all for possession of up to one ounce, but for between 1 and 2 ounces, there is only a civil penalty. This can be considered decriminalization for up to 2 ounces.
Is Growing Weed Legal in Montana?
Growing weed is totally legal in Montana because along with legalizing possession of up to an ounce of weed, HB 701 also allows for home cultivation (page 53, Section 41: Section 16-12-106(c)).
The law states that any adult may legally grow two seedlings and two mature marijuana plants, and medical marijuana cardholders can have four of each. You can only have twice as many plants in a single household, no matter how many adults or patients are present.
So two or more medical users in one household could have eight seedlings and eight mature plants, but two or more recreational users could only have four of each.
Any plants you grow must be out of public sight, assuming normal, unaided vision, and they should be kept in a locked space.
Additionally, any marijuana produced by the plants beyond your limit should also be locked away. There is a civil fine of $250 for violations of these rules, as well as forfeiture of the offending marijuana.
Conclusion
With an adult-use marijuana law in place and a comprehensive medical program, Montana’s weed laws are among the best in the country.
There may be some limitations for things like delta-8 THC, but overall, you can use marijuana in the state if you’re an adult, even without a medical need. As long as you avoid things like driving under the influence or smoking in a public place, you’re unlikely to find yourself in trouble as a stoner in the state.