5 Montana Cannabis Laws

Montana has had pot laws for a long time. In 2004, medical marijuana was the start of it all. After that, fighting for years made it harder to get medical marijuana. People in Montana passed I-190 in 2020, which let people use marijuana. The state assembly then passed House Bill 701 in April 2021. This changed some parts of the bill that voters had already agreed to.

The “Montana Marijuana Regulation and Taxation Act,” which was made by HB 701, became law on January 1, 2022. This post has all the information you need about Montana’s weed laws. Here are the rules for both medical and recreational use.

Montana Marijuana Laws At A Glance

  • According to Montana state law, dispensaries are required to track inventory, transfers, and sales in Metrc — Montana’s official seed-to-sale tracking system.
  • Consumers 21 and older can purchase and possess up to one ounce of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products.
  • Medical marijuana delivery is allowed in Montana, per Mont. Admin. R. 42.39.413.
  • Registered medical marijuana cardholders can purchase and possess up to one ounce of marijuana flower, or its equivalents.
  • Medical marijuana purchases are taxed at 4% of retail sales, and recreational purchases are taxed at 20% of retail sales.
  • Local jurisdictions can add an additional tax of no more than 3%.

Law #1: Dispensary Licensing

Law reference: Section 5: Allowing shops to have licenses.

(1) Unless stated otherwise in 16-12-201(2), a person applying for a dispensary license must show that the requirements for local government approval in 16-12-301 have been met in the area where the proposed dispensary will be located if the proposed dispensary is located in a county where most voters did not support Initiative Measure No. 190 in the general election on November 3, 2020.

(2) When the department looks at a new or renewed application, they must make sure that each planned dispensary follows the rules in 16-12-207 and 16-12-210.

Third, a licensee for an adult-use dispensary can share a space with a licensee for a medical marijuana dispensary if both businesses are run by the same person.

(4) Medical marijuana dispensaries can only sell marijuana, marijuana goods, and live marijuana plants to people who have a valid medical marijuana card.

(5) Marijuana, marijuana products, and live marijuana plants can be sold by adult-use dispensaries to customers or approved cardholders.

(6) The department must charge a fee for a drugstore license when it is first applied for and every time it is renewed. For each site that a licensee runs as either an adult-use dispensary or a medical marijuana dispensary, the dispensary license fee is $5,000.

(a) The department can make rules about (a) inspecting proposed dispensaries; (b) checking the finances of owners or applicants; and (c) setting or limiting the amount of THC in marijuana or marijuana products that can be sold at an adult-use dispensary or a medical marijuana dispensary. The amount of THC in marijuana and marijuana goods sold at a dispensary determines their price and regulation, not their weight. By law, a single package can only contain (i) marijuana sold as a flower, 1 ounce of usable marijuana; or (ii) anything else listed in part (8)(c).

The highest amount of psychoactive THC that can be found in marijuana flowers is 35%. (ii) for a capsule-based marijuana product, no more than 100 mg of THC per capsule and no more than 800 mg of THC per box. (iii) THC levels of no more than 800 milligrams for a marijuana tincture; (iv) THC levels of no more than 100 milligrams for a marijuana treat or food product. An edible marijuana product can’t have more than 10 milligrams of THC in a single dose.

For topical marijuana products, the THC concentration can’t be higher than 6%, and there can’t be more than 800 milligrams of THC per package. For suppositories and transdermal patches, the THC concentration can’t be higher than 100 milligrams per suppository or patch, and there can’t be more than 800 milligrams of THC per package.

For all other marijuana products, the THC concentration can’t be higher than 800 milligrams. (c) A dispensary can sell registered users marijuana or marijuana products with higher THC levels than what is listed in subsection (8). (9) A licensee or employee can’t do a transaction that would allow a customer or listed cardholder to have more than the amounts allowed by 16-12-106 and section 16.

Dispensary Licensing Explained:

The Department of Public Health and Human Services used to be in charge of licensing medical marijuana doctors and dispensaries in Montana. Now, the Montana Department of Revenue does that job.

The adult-use program is a separate Department of Revenue program.

Here’s what you need to know to get licensed in Montana:

  • Any medical dispensary licensed prior to November 2020, who is also in good standing with the state, can apply for a recreational license. Good standing refers to no infractions by state inspectors and also paid to date on state, personal, MJ, and income taxes.
  • Dispensaries can’t be located within a city, town, or country that prohibits medical marijuana use, or within 500 feet of any place of worship, school, or post-secondary school.
  • The fee for an adult-use or medical marijuana dispensary license is $5,000 per location.

Law #2: Purchase And Possession Limits

Adult-Use Law: 16-12-106. Penalties for personal use and production of marijuana (a) The following actions are legal as long as they don’t break any state or local laws in the state; they also can’t be a reason to fine, punish, or arrest someone, take away their rights or privileges, or seize or forfeit their property under state or local law for someone aged 21 or older; and they can’t be an offense under state law or the laws of any local government within the state.

(a) possessing, purchasing, obtaining, using, ingesting, inhaling, or transporting 1 ounce or less of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid.

(b) transferring, delivering, or distributing without consideration, to a person who is 21 years of age or older, 1 ounce or less of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid form

(c) in or on the grounds of a private residence, possessing, planting, or cultivating up to two mature marijuana plants and two seedlings, or four mature marijuana plants and four seedlings for a registered cardholder, and possessing, harvesting, drying, processing, or manufacturing the marijuana, provided that: (i) marijuana plants and any marijuana produced by the plants in excess of 1 ounce must be kept in a locked space in or on the grounds of one private residence and may not be visible by normal, unaided vision from a public place; (ii) not more than twice the number of marijuana plants permitted under this subsection.

5 Montana Cannabis Laws

(1)(c) may be cultivated in or on the grounds of a single private residence simultaneously; (iii) a person growing or storing marijuana plants under this subsection (1)(c) must own the private residence where the plants are cultivated and stored or obtain written permission to cultivate and store marijuana from the owner of the private residence; and (iv) no portion of a private residence used for cultivation of marijuana and manufacture of marijuana products for personal use may be shared with, rented, or leased to a marijuana business.

Laws about medicine: 16-12-515. Legal protections—amounts that are allowed (1)(a) A registered cardholder who chooses to get marijuana and marijuana products from licensed growers, manufacturers, or dispensaries can: (i) have up to one ounce of usable marijuana on hand; and (ii) buy up to five ounces of usable marijuana in a month but no more than one ounce of usable marijuana in a single day.

If a listed cardholder wants to make an exception to the monthly purchase limit, they can ask the department for one. The request must be supported by proof from the doctor who signed the cardholder’s written certification that the cardholder’s serious medical condition allows them to spend more than the monthly limit. (ii) If the department agrees to an exception to the limit, that approval must spell out how much usable marijuana the cardholder can buy each month, and that limit must be put into the system that tracks marijuana from seed to sale.

Purchase limits Explained:

Registered medical marijuana patients and adult-use consumers can purchase and possess up to one ounce of marijuana flower, or its equivalents:

  • Eight grams of marijuana concentrate
  • 800 milligrams of THC-infused products or edibles
  • 8 grams or 8ml of THC in marijuana concentrate

Medical patients can purchase 5 ounces per month with a daily purchase limit of one ounce.

Recreational cannabis users can cultivate up to two mature marijuana plants and two seedlings in a private, locked area out of public view. Medical marijuana cardholders can cultivate up to four mature plants and four seedlings, also in a private, locked area out of public view

For adult-use consumers, marijuana products sold at a dispensary are regulated and sold on the basis of the concentration of the THC. An individual package is limited to:

  • For marijuana sold as a flower, 1 ounce of usable marijuana. The total potential psychoactive THC of marijuana flower may not exceed 35%.
  • For capsules – no more than 100 milligrams of THC per capsule and no more than 800 milligrams of THC per package.
  • For tincture – no more than 800 milligrams of THC.
  • For edibles or food products – no more than 100 milligrams of THC. A single serving of an edible marijuana product may not exceed 10 milligrams of THC.
  • For a topical product – a concentration of no more than 6% THC and no more than 800 milligrams of THC per package.
  • For suppository or transdermal patch – no more than 100 milligrams of THC per suppository or transdermal patch and no more than 800 milligrams of THC per package.
  • Any other marijuana product – no more than 800 milligrams of THC.

A registered cardholder may purchase or possess any combination of marijuana flower, marijuana-infused products, and marijuana concentrate if the total calculated conversion is equal to or less than the legal purchase or possession amount.

Read More: 6 Arizona Cannabis Laws You Should Know!

Law #3: Packaging And Labels

The legal number is 42.39.314. GENERAL REQUIREMENTS FOR LABELS (1) Marijuana and marijuana goods sold to customers from a dispensary must have labels. When a licensee sells marijuana or marijuana goods to other licensees, they don’t have to follow labeling rules.

(2) The necessary information on the label of marijuana or a marijuana product must be visible and not blocked in any way. A licensee can put more than one label on a package or use a booklet, an accordion, or another type of label as long as (a) no important information is completely and forever blocked and (b) the labels are shown in a font that is easy to read, like Times New Roman, Arial, or Helvetica. The lowercase letter “o” must be at least sixteenth of an inch tall; (c) shown in a color that stands out against the background; and (d) shown in English, though a licensee can choose to show necessary information in other languages.

(3) The following must be written on the labels of all weed and marijuana products: (a) the name of the strain; (b) the common or usual name of the marijuana product (e.g., flower, inhaled extract, edible, cookie, drinkable, topical, transdermal patch); (c) the name of the dispensary that sold the product and the license number or numbers of the grower and manufacturer, if applicable.

5 Montana Cannabis Laws

(d) the unique identification number generated by the seed-to-sale tracking system; and (e) the date that the marijuana flower was harvested or the date that the marijuana p The amount must be given in both U.S. Customary Units and Metric (SI) Units, with the latter enclosed in parentheses; (ii) if the product is a liquid, it must be given in terms of fluid measure and have “Net Contents” or “Net” before it; or (iii) if the product is solid, semi-solid, or viscous, it must be given in terms of viscous measure and have “Net” before it.

(A) given in terms of weight; and (B) starting with “Net Weight,” “Nt. Wt.,” or “Net.” (iv) When a licensee lists the net quantity of contents for a multi-serving marijuana product, they must also list the number of servings along with the weight or fluid measure. For example, “Net Weight: 2 oz. (56.7 g) (10 cookies)”; and (g) “This product has been tested and meets the requirements of the state of Montana.

” (h) a QR code that leads to the product’s certificate of analysis and says that buyers can scan the code to see more information about the product; (i) the global symbol, which can be found on the website of the department. As per the rules, the universal sign must be at least.33 inches wide and.33 inches high.

It can also be downloaded from the department’s website. 4. All marijuana and marijuana goods must have these warnings written on them: a) “Keep out of reach of pets and children”; b) “This product may be addictive”; and c) “This product may make you feel drunk” “Do not get behind the wheel while high on marijuana.” 5. Labels on marijuana or marijuana products must not have any information or statements that are fake or deceptive. (6) The label on manufactured marijuana goods must say what kind of manufacturing it was (mechanical, chemical, etc.), and if it was chemical manufacturing, it must say what solvent was used.

(7) Marijuana or marijuana products that are too small to fit all the information needed to follow the Act and department rules may, if approved by the department under 16-12-208, MCA, show the information needed in (3) in a font that is easy to read but doesn’t meet the minimum size requirement set out in (2)(b).

Eighth, marijuana or marijuana products that have more THC than what is allowed by 16-12-224, MCA, can only be sold to people who have a registered card and must have the following extra details on them: (a) “Only for medical use”; and (b) “This product has not been approved by the U.S. Food and Drug Administration to diagnose, treat, or prevent any condition.” (9) The marijuana facts panel must not show the total THC or total potential psychoactive THC value of marijuana or marijuana products that do not need to be heated up to be used or administered.

Read More: 6 Oklahoma Cannabis Laws You Should Know!

Dispensary Packaging Explained:

Cannabis labels must include the following information:

  • Strain name
  • The common or usual name of the marijuana product (e.g., flower, inhaled extract, edible, cookie, or drinkable, topical, transdermal patch)
  • The name of the marijuana dispensary that sold the product and the license number or numbers of the cultivator and manufacturer, as applicable
  • The unique identification number generated from the seed-to-sale tracking system
  • Date of harvest for marijuana flower or date of manufacture for marijuana products

The net quantity of contents of the marijuana product.

  • In addition to weight or fluid measure, a licensee shall include the number of servings in the net quantity of contents statement if the product is a multi-serving marijuana product

The following statement: “This product has been tested and meets the requirements of the state of Montana.”

A QR code that links to the product’s certificate of analysis with a statement informing customers they can scan the code to see additional product information;’

The universal symbol is available from the department’s website.

All marijuana and marijuana products shall be labeled with the following warnings:

  • “Keep out of reach of children and pets”
  • “This product may be addictive”
  • “This product may have intoxicating effects. Do not drive while under the influence of marijuana.”
  • Marijuana or marijuana product labeling shall not contain any statement or information that is false or misleading.

The label of manufactured marijuana products must identify the method of manufacturing (e.g., mechanical, chemical) and for chemical manufacturing must identify the solvent used in the manufacturing process. Marijuana products for final sale must be packaged in child-resistant containers.

Law #4: Taxes

Legal Reference: Learn more about Montana cannabis taxes here.

Explained: Here are the basics of cannabis taxation in Montana:

  • Medical marijuana purchases are taxed at 4% of retail sales.
  • Adult-use cannabis is taxed at 20% of retail sales.
  • Local jurisdictions can add an additional tax of no more than 3%.

Law #5: Patients And Caregivers

“Debilitating medical condition” in this case includes (a) cancer, glaucoma, HIV/AIDS, or acquired immune deficiency syndrome with symptoms that seriously and negatively impact the patient’s health; (b) cachexia or wasting syndrome; and (c) severe chronic pain that lasts for a long time and is very painful, as confirmed by the patient’s treating physician.

Explained: Here’s how to get a medical marijuana card (or serve as a caregiver) in Montana:

1. Montana residents who possess a valid medical card can purchase cannabis from their provider or dispensary.

2. Marijuana must be consumed on private property, out of public view.

3. Montana’s qualifying medical cannabis conditions are as follows:

  • Epilepsy or an intractable seizure disorder
  • Glaucoma
  • Intractable nausea or vomiting
  • Multiple sclerosis
  • Painful peripheral neuropathy
  • Positive status for HIV or AIDS
  • Post-traumatic stress disorder (PTSD)
  • Severe chronic pain
  • Admittance into hospice care in accordance with department rules
  • Cachexia or wasting syndrome
  • Cancer
  • Central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
  • Crohn’s disease

4. To get a medical marijuana card in Montana, you must first meet the following requirements:

  • At least 18 years of age (minors must complete a separate form)
  • Diagnosed with one of the aforementioned qualifying medical conditions
  • Resident in the state of Montana

5. If you meet those requirements, follow these steps to get a med card:

  • First, make an appointment with a physician to get a signed recommendation.
  • Decide whether you want to receive your marijuana from a provider or grow it yourself (you have to indicate this on the form).
  • Next, complete the Montana Medical Marijuana Program Application form and send it in, including a copy of your state-issued ID or driver’s license. The patient registry fee is $30.

Montana Cannabis Laws FAQS

Q. How much marijuana can I buy in Montana?

You can buy one ounce of marijuana flower or other cannabis goods that are the same size.

Q. Is recreational cannabis legal in Montana?

As of January 1, 2022, recreational marijuana sales are legal in Montana. Montana has had medical marijuana law since 2004.

Q. How do they tax weed in Florida?

A 4% tax is put on medical marijuana, and a 20% tax is put on recreational marijuana. Local governments can add an extra 3% tax.

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