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Yes. Weed and its consumption is legal in Montana.
The legalization process of weed in Montana underwent several courses of modifications before finalizing the present laws. The state approved the consumption of weed for medical reasons in 2004.
However, it took a long period of 18 years to legalize the consumption of weed for recreational purposes. Though it was legalized back in 2020, multiple modifications hindered the smooth selling of marijuana for adult use.
Is Recreational Marijuana Legal in Montana?
Montana state government passed the Montana I-190 in 2020, which legalized the use of marijuana for recreational purposes. However, in April 2021, the state altered multiple aspects of the previous provisions and passed House Bill 701.
Finally, in 2022, the state legislature of Montana approved the legal consumption of marijuana for recreational reasons through HB 701. The law is named “Montana Marijuana Regulation and Taxation Act.”
According to the Montana Marijuana Regulation and Taxation Act of 2022, an adult of at least 21 years has complete freedom to possess a total of 1 ounce (28 grams) of marijuana for daily recreation in the form of flowers and other equivalents.
However, their total monthly transaction must not exceed 5 ounces. Under the same law, they can purchase up to 8 grams of concentrated marijuana. They must keep track of the THC quantity in their products.
It must not exceed the 800 milligrams limit. The state has listed the definite compositions for every weed product.
Besides weed purchasing, an adult can plant and cultivate up to 2 mature and 2 seedling weed plants. They must ensure that their plants are kept away from the public eye.
Is Weed Legal in Montana?
Medical marijuana was legalized in Montana back in 2004. The residents of Montana voted for the legalization of medical marijuana through Measure I 148. The measure is named the Montana Medical Marijuana Act.
The act underwent a series of alterations in 2011, 2016, and 2017. According to the present provisions of the act, licensed doctors can now prescribe weed to more than three qualifying patients as an alternative to medicine.
Under the same provisions, a patient can purchase weed legally from a state-registered medical store. For that, they need to obtain a medical marijuana card. KIF helps qualifying patients in the complex registration process and ensures speedy results.
According to the Montana Medical Marijuana Act, a qualifying patient can purchase a maximum of 5 ounces of weed monthly. They can possess a total of 1 ounce or 28 grams of marijuana for medical purposes.
The quantity of THC is limited to 800 milligrams. There are no restrictions on compositions for qualifying patients. They can consume weed at any composition as per doctor’s recommendations.
However, their calculated composition must not exceed the legal measurements. A medical marijuana card in Montana does not just allow users to possess marijuana. The card comes with the privilege of home growing.
A qualifying patient can grow up to 4 matured weed plants and 4 weed seedlings in their home. The plants must be cultivated in a sheltered place, out of the public eye.
The history of marijuana use goes back in ages in Montana. That is why the state has approved weed use for medical and recreational reasons. Weed has a long list of advantages in providing relief to terminal patients.
The state legislature has listed a few debilitating diseases considered the qualifying conditions. AIDS, cancer, Crohn’s disease, nausea, HIV, chronic pain, painful peripheral neuropathy, epilepsy, post-traumatic stress disorder, and Glaucoma are some of them. You can get your registered card with some easy steps. KIF will guide you in the process.
Penalties for Marijuana Possession
- Possession of weed over 1 ounce but below 2 ounces is treated as a civil infraction for first-time offenders. It is a punishable offense, but the offender does not have to serve in prison. They face a fine of a maximum of $200. They can compensate the money by spending 4 hours after a community service.
- It is a civil infraction to commit the same misdeed twice. The offender will have to pay a maximum of $300 in fines. Otherwise, they will have to complete a community service of 6 hours. The choice is given to the offender.
- It is a felony to possess more than 2 ounces of marijuana in Montana altogether. The offender may face a maximum of 5 years of imprisonment or up to $45,000 in fines. They may get both based on the severity of the felony.
Is Weed Decriminalized in Montana?
The state government of Montana has been stringent since the passage of both legalization acts. The residents have to abide by the rules diligently to avoid legal complications.
They can consume weed per the regulations, maintaining the given composition and quantity. Moreover, weed is treated as a Schedule 1 drug in the federal eye.
That is why the federal government has not approved the legal consumption of weed. Hence, you cannot consume weed on federal lands or water. It will be a criminal offense to do so.
Future of Cannabis Legalization in Montana
Weed is now legal in Montana. But it had to go through a lot of discussions and modifications. The road to smooth transactions was not easy. Naturally, the market faced hindrances initially.
However, the scenario changed in 2022 when the state legislature approved the recreational use of marijuana. Reports say that the weed market experienced exponential profit in the business after the legalization. The sale rate hiked multiple times. No wonder it created a positive impact on the state economy.
But, the future of weed in Montana is still vague. Though it employed job seekers and profits to business people, the state legislature may take another step to alter the present aspects. The residents can enjoy the current provisions until a new bill appears.
Montana Marijuana Laws in 2025
- Adults at least 21 years or above can buy a maximum of 1 ounce (28 grams) of weed flower and its equivalents. The THC quantity is limited to 800 milligrams. Whereas the concentrated amount is restricted to 8 grams.
- The THC is limited to 35% for every ounce of weed flower.
- 100 milligrams of THC are the maximum limit for a weed capsule. The total quantity in the packet must be limited to 800 milligrams.
- A single serving of edible has a limit of 10 milligrams of THC. The total serving is limited to 100 milligrams.
- A topical product is legal until it has a THC concentration of 6%.
- For a tincture, too, the THC limit is 800 milligrams.
- Every transdermal patch has a maximum limit of 100 milligrams of THC and an 800-milligram limit in the package.
- Qualifying patients do not have to follow the above composition chart. They just need to maintain the total composition within the legal measurements.
- Recreational weed is subjected to 20% of retail sales.
- Medical marijuana is subjected to 4% retail sales in Montana.
- You must consume weed in your private residence.
- You cannot drive under the influence of marijuana. You must not consume weed while riding a car.
FAQs
Can a tribe in Montana access weed for recreation?
Yes. Federally recognized tribes can get a Combined-Used License issued by the Revenue Department of Montana. The tribe must be a resident of Montana.
We are a family of 4 adults. How many plants can we grow?
Every family with more than one adult of 21 can grow up to 4 matured plants and 4 seedlings. Medical card holders can grow up to 8 matured plants and 8 seedlings if their family strength is more than 1 qualifying patient.
Is recreational marijuana legal in Montana as of 2023?
Montana initially legalized recreational marijuana through I-190 in 2020, but in April 2021, it modified provisions with House Bill 701. In 2022, Montana's legislature officially approved recreational marijuana consumption under HB 701.
