Regulatory Framework
The Cannabis Control Division (CCD) is the principal agency overseeing both adult-use and medical cannabis in Montana. The CCD operates under the Montana Department of Revenue, which is responsible for licensing, regulation, and taxation of cannabis businesses in the state[1].
Legal Status
Both medical and recreational cannabis are legal for adults 21 and over in Montana. This legalization was achieved through Initiative 190, which was passed in November 2020, with recreational sales commencing on January 1, 2022. Some counties in Montana have opted out of allowing cannabis businesses through local votes[1].
| Market | Status | Act/Law | Year |
|---|---|---|---|
| Adult-Use | Legal | Initiative 190 [9] | 2020 |
| Medical | Legal | Initiative 190 [9] | 2020 |
| Homegrow | Legal | Initiative 190 [9] | 2020 |
Track-and-Trace
Montana utilizes Metrc as its state-wide seed-to-sale tracking system for both adult-use and medical cannabis. All licensed cannabis businesses are required to report business activity from cultivation to final sale. [2]
Licensing
The Cannabis Control Division issues several types of licenses for cannabis businesses in Montana. The license types include:
| License Type | Description |
|---|---|
| Cultivation Tier Micro | Facilities authorized to grow up to 250 sq ft [10]. |
| Cultivation Tier 1 | 1 Facilities authorized for indoor cultivation of up to 1,000 sq ft canopy [10]. |
| Cultivation Tier 2 | 1 Facilities authorized for indoor cultivation of up to 2,500 sq ft canopy [10]. |
| Cultivation Tier 3 | 2 Facilities authorized for indoor cultivation of up to 5,000 sq ft canopy [10]. |
| Cultivation Tier 4 | 3 Facilities authorized for indoor cultivation of up to 7,500 sq ft canopy [10]. |
| Cultivation Tier 5 | 4 Facilities authorized for indoor cultivation of up to 10,000 sq ft canopy [10]. |
| Cultivation Tier 6 | 5 Facilities authorized for indoor cultivation of up to 13,000 sq ft canopy [10]. |
| Cultivation Tier 7 | 5 Facilities authorized for indoor cultivation of up to 15,000 sq ft canopy [10]. |
| Cultivation Tier 8 | 5 Facilities authorized for indoor cultivation of up to 17,000 sq ft canopy [10]. |
| Cultivation Tier 9 | 6 Facilities authorized for indoor cultivation of up to 20,000 sq ft canopy [10]. |
| Cultivation Tier 10 | 7 Facilities authorized for indoor cultivation of up to 30,000 sq ft canopy [10]. |
| Cultivation Tier 11 | 8 Facilities authorized for indoor cultivation of up to 40,000 sq ft canopy [10]. |
| Cultivation Tier 12 | 9 Facilities authorized for indoor cultivation of up to 50,000 sq ft canopy [10]. |
| Manufacturer Tier 1 | Up to 10 lbs concentrate production per month. Manufacturers who do not produce concentrate use this tier. [13] |
| Manufacturer Tier 2 | Up to 15 lbs concentrate production per month. [13] |
| Manufacturer Tier 3 | More than 15 lbs concentrate production per month. [13] |
| Testing Laboratory License | Issued to facilities authorized to test cannabis products for safety[10]. |
| Retail Adult-Use Tier | Authorized to sell cannabis products to adults[7]. |
| Retail Medical Tier | Authorized to sell cannabis to patients[7]. |
Possession Limits
| Item | Possession Limit |
|---|---|
| Cannabis | Up to one ounce[6]. |
| Cannabis Plants | Up to two mature plants and two seedlings. [6] |
As of January 1, 2021, adults 21 and over may possess and use up to one ounce of cannabis with no criminal penalties. Adults may also cultivate up to two mature cannabis plants and two seedlings for private use in a private residence. [6]
Medical Cannabis
Under Montana medical cannabis laws, healthcare providers can only recommend medical cannabis to Montana residents with certain qualifying conditions such as cachexia, cancer, and chronic spasticity[11]. To obtain a medical cannabis card, patients must:
- Be 18 years or older (minors require a caregiver).
- Be a resident of Montana.
- Physician statement [12].
Caregivers must be at least 21 years old and provide proof of Montana residency. Adult patients can designate up to two caregivers to purchase medical cannabis on their behalf[12].
Additional Resources
- Wikipedia: Cannabis in Montana
- MT Department of Revenue https://mtrevenue.gov/
- Calendar of Events https://mtrevenue.gov/calendar/
- MT Secretart of State https://sosmt.gov/
- MT Department of Agriculture https://agr.mt.gov/
- Hemp Program https://agr.mt.gov/Hemp
- MT Department of Health https://dphhs.mt.gov/
References
[1] Montana Department of Revenue. "Cannabis." Available: https://mtrevenue.gov/cannabis/.
[3] Montana Department of Revenue. "Cannabis." Available: https://mtrevenue.gov/.
[4] Montana Department of Agriculture. "Hemp." Available: https://agr.mt.gov/Hemp.
[5] Montana Secretary of State. "Elections." Available: https://sosmt.gov/.
[6] Montana Department of Revenue. "Cannabis FAQs." Available: https://mtrevenue.gov/cannabis/faqs/.
[7] https://mtrevenue.gov/cannabis/cannabis-licenses/dispensary-licenses/.
[8] Montana Department of Revenue. "Cannabis Licenses." Available: https://mtrevenue.gov/cannabis/cannabis-licenses/.
[9] Montana Legislature. "Initiative 190 (2020)." Available: https://leg.mt.gov/bills/2023/billhtml/HB0903.htm.
[10] Montana Department of Revenue. "Cannabis Licenses." Available: https://mtrevenue.gov/cannabis/cannabis-licenses/.
[11] Sanctuary Wellness Institute. "Montana Qualifying Conditions." Available: https://sanctuarywellnessinstitute.com/cannabis/montana/qualifying-conditions.php.
[12] https://mtrevenue.gov/cannabis/cardholder-information/
[13] https://mtrevenue.gov/cannabis/cannabis-licenses/manufacturing-licenses/