Categories
BLOG

montana medical marijuana news

LEARN | LAWS & REGULATIONS

Montana

Is weed legal in Montana?

Yes. Starting January 1, 2021, Montana residents age 21 and older will be allowed to possess, use, and grow up to 1 ounce of marijuana. Medical marijuana is already legal for patients who have a qualifying condition and a state-issued medical marijuana ID card.

Possession of more than 60 grams of cannabis or 1 gram of concentrate is considered a misdemeanor punishable by no more than six months in jail and a fine up to $500 for a first offense. After January 1, 2021, possession of more than 1 ounce (28 grams) of cannabis or 8 grams of concentrate is a felony punishable by up to five years and a fine of up to $5,000.

Legislative history

Montana was an early adopter of legislation allowing the use of medical marijuana for patients with debilitating medical conditions. In 2004, the Montana Medical Marijuana Allowance initiative, or I-148, passed with nearly 62% approval. Lawmakers sought to repeal it in 2011, but Gov. Brian Schweitzer vetoed the measure.

Later that year, the state Senate was able to enact stringent conditions on medical marijuana with Senate Bill 423, the Montana Marijuana Act. Key provisions of SB 423 were challenged in court until August 2016, when the Montana Supreme Court upheld most of the law’s provisions.

Three months later, voters approved the Montana Medical Marijuana Initiative , or I-182. The initiative removed many of the stricter requirements of SB 423 and added chronic pain and post-traumatic stress disorder (PTSD) as qualifying conditions. In 2017, the Legislature made additional changes with SB 333, which created more detailed regulations, allowed additional chemical manufacturing of marijuana products, and added a tax on gross sales.

Montana I-190, the Marijuana Legalization and Tax Initiative , was approved by voters on November 3, 2020. It legalized the possession and use of up to an ounce of marijuana with no more than 8 grams in concentrate form for adults age 21 and older. It also imposed a 20% sales tax on cannabis and called for the possible expungement or resentencing for cannabis-related crimes.

Where is it safe to purchase cannabis?

When registering, cardholders must choose to either purchase cannabis or grow their own. Under Montana law, usable marijuana includes flower, resin, concentrate, and infused products. Registered patients who have not chosen to grow their own supply can purchase cannabis from a dispensary or have marijuana delivered by registered providers. Cardholders can purchase up to 5 ounces of usable marijuana a month but no more than 1 ounce per day. They can petition the Medical Marijuana Program to purchase more each month, if their physician agrees.

Finding licensed dispensaries in Montana

Medical marijuana cardholders can find licensed dispensaries in Montana and search by major metro areas including Billings and Missoula.

Where is it safe to consume?

Registered patients can consume their cannabis medicine in private. Consumption is not allowed on any school grounds, including buses, or on the grounds of any place of worship or correctional facility. Operating a vehicle, aircraft, or boat while under the influence is illegal.

View the marijuana laws & regulations for Montana. ]]>