New to weed laws in Montana? We’re here to help. From where you can legally buy weed to state laws on weed transport, possession and grow limits, this guide will provide you with the authoritative, up-to-date information you need to stay on the right side of the law—whether you live in or are planning to visit the Big Sky state.
Who Can Legally Buy Weed in Montana?
While Montana approved medical cannabis back in 2004, it wasn’t until January 1, 2022 that the passage of State Bill SB-701 permitted the sale of recreational marijuana and marijuana products at previously licensed medical dispensaries.
Today, individuals 21 years and older with a valid ID and patients 18 or older with a valid medical marijuana card may legally purchase in Montana. This includes residents of Montana, visitors from other American states and territories, as well as international travelers with valid identification. Montana also recognizes out-of-state medical cards.
Can You Buy Weed Anywhere in Montana?
Not quite. In November of 2020, Montana voters were offered the opportunity to support Initiative 190, a state bill that allowed individual counties to opt in or opt out of recreational cannabis sales.
As a result, a majority of voters in some 26 Montana counties chose not to allow any adult-use sales, while 10 counties chose to allow them. In addition, some 20 counties opted to impose a “Local Option Tax” on either medical or adult-use sales (depending on specific county preferences).
Generally speaking, counties in western Montana have been more amenable to permitting marijuana sales. As of writing, these counties have allowed for the sale of adult-use cannabis:
- Lincoln
- Mineral
- Glacier
- Cascade
- Jefferson
- Gallatin
- Madison
- Hill
- Valley
- Sheridan
That said, in counties where the majority of voters opposed Initiative 190, adult-use sales can still be allowed if at some future date, that county holds an election and a majority of voters choose to allow cannabis businesses to operate within their jurisdiction.
Can I Drive with Cannabis In My Car?
First and foremost, it’s important to understand that it is illegal to drive under the influence of marijuana under any circumstances—a topic we’ll return to in just a moment. But what about transporting cannabis from, say, the licensed dispensary where you purchased it to your own home? Here’s what the law says.
According to HB-701, any cannabis you transport must remain in its unopened, original packaging and be stored outside the car’s “passenger area.” In plain English, it needs to be kept in a locked glove compartment or other storage compartment, or in a trunk, luggage compartment, truck bed or other cargo compartment.
If your vehicle isn’t equipped with a trunk, it must be kept behind the last upright seat of the vehicle or, barring that, in a closed container in the area of a vehicle that is not equipped with a trunk and that isn’t normally occupied by the driver or by a passenger.
Driving Under the Influence
Because it’s so important in terms of public safety, let’s drill down a little deeper on the topic of driving under the influence of cannabis. Consuming marijuana products that contain THC—the major intoxicating compound in cannabis—can alter our perceptions of time and velocity as well as crucial motor functions. As a result, driving under the influence can present a major health hazard—both to yourself and to other motorists on the road.
What can the police do about it? For starters, officers have the right to stop anyone driving erratically, and if they have probable cause to believe the driver is under the influence—for instance, if they detect the smell of cannabis in the car, or observe that the driver’s eyes are red—they can transport the driver to a hospital and administer a blood test. Refusing to take such a test can result in the temporary suspension of your license. If your blood test indicates more than 5 nanograms (ng) of THC per milliliter of blood, you may be served with a charge of DUI-D (driving under the influence of drugs).
Where Can I Consume Weed in Montana?
In Montana—as in most cannabis-legal states—the law is fairly explicit when it comes to public consumption: You can’t do it. Cannabis consumption in public is strictly limited; here are some important details to keep in mind:
- You may consume cannabis in private accommodations or residences, or private property with the owner’s permission.
- You may not consume cannabis in outdoor public spaces.
- You may not consume cannabis in enclosed public spaces (inducing in hotel rooms), as laws and regulations regarding tobacco smoke also apply to smoking cannabis. Doing either of these things is punishable by civil fines of up to $50.
- The laws regarding the possession and consumption of cannabis on Native American reservations in Montana are complicated, and they’re contingent on how federal cannabis laws may be enforced in Indian Country—as well as how each tribe has opted to handle the topic of cannabis legalization. This is a good time to point out that even though recreational cannabis has been legalized in Montana, it remains a Schedule 1 controlled substance under federal law.
- To that end, you may not possess or consume cannabis in national parks—they’re federal land. Doing so can lead to a misdemeanor charge.
How Much Cannabis Can I Buy & Possess?
According to state mairjuana law, you may purchase and possess up to one ounce of marijuana flower per transaction, or an equivalent amount of THC in other forms: 800 milligrams of edibles or 8 grams of concentrate. You aren’t limited to a single type of product, meaning that you can mix and match up to the purchase limit between different forms.
If you hold a valid Montana medical cannabis card, you can purchase up to five ounces a month. That said, registered cardholders can also petition the state for an exemption that allows them to purchase more. They’ll need a note from the doctor who signed their original medical card certification stating that a specific debilitating medical condition warrants the exception to the standard purchasing limits.
What About Cannabis Taxes?
At present, Montana imposes a flat 20% on all recreational cannabis sales from licensed dispensaries such as Seed of Life. As we pointed out earlier, several Montana counties also impose a “Local Option Tax” (capped at 3%) on recreational sales in addition to the state tax.
By comparison, the state tax rate on medical cannabis currently stands at 4%. Medical sales may also be subject to county-level taxes. Depending on how much cannabis you typically purchase, this means that applying for a medical cannabis card could potentially save you a good deal on your future cannabis purchases.
Visiting Montana: Weed Laws for Visitors
Thanks to recreational weed laws in Montana, any adult 21 or over—regardless of their place of residence—may purchase adult-use cannabis from a licensed dispensary. And the daily purchase limits are exactly the same as they are for residents: up to one ounce of marijuana per transaction, or an equivalent amount of THC in other forms: 800 milligrams of edibles or 8 grams of concentrate.
When it comes to medical cannabis, Montana allows reciprocity with other states’ medical programs. That means that you can use your valid medical marijuana card to shop here—and it entitles you to the same discount (4% tax as opposed to 20% tax) on medical cannabis products that individuals registered with Montana’s medical program receive.
That said, there’s an important fact about cannabis you should be aware of: Even though your cannabis was purchased legally under Montana weed law, you cannot transport it over state lines! Remember: Cannabis remains illegal under federal law, which governs the transport of controlled substances over state lines.
Can I Grow My Own Cannabis in Montana?
Yes! Weed laws in Montana allow individuals 21 and over to cultivate up to two mature marijuana plants and two seedlings at home. Plants must be hidden from public view—and failing to conceal them may result in a civil fine of up to $250 (and forfeiture of the plants).
And as with the aforementioned tax breaks for those who hold medical marijuana cards, there are special dispensations for medical cannabis home growers, too: They’re allowed to grow up to four plants and four seedlings at home—the same limits on public view hold sway here as well.
Shop the Very Best of Montana Cannabis with Seed of Life
With the passage of Montana’s recreational marijuana law, cannabis enthusiasts have lots to celebrate. However, it pays to understand current Montana weed laws so that you stay on the right side of a good thing. This includes knowing the right way to transport cannabis in motor vehicles, understanding purchase limits, and obeying the restrictions around public consumption.
Do you have unanswered questions about Montana laws on weed? Visit any Seed of Life Labs location in Montana and ask any of our friendly budtenders for clarification. We’re here to hook you up!
