Montana Marijuana Laws and Medicinal Weed Use

Using marijuana in Montana is legal for adults 21 years old and older. As of Jan. 1, 2022, you can also purchase marijuana products when traveling in other states or internationally.

However, federal law restricts the possession of marijuana and firearms. Because of the restrictions, nearly all marijuana transactions are conducted in cash. Bringing cash is highly recommended to avoid fees at shops that accept credit cards.

To learn more, be sure to read through the detailed guide below.

Montana Marijuana Laws

Despite recent legalization, some counties remain opposed to recreational marijuana. For example, the eastern side of the state is more red than green. In contrast, 24 counties support marijuana legalization. Green counties lean toward the western side of the state, while red counties lean more toward the eastern side. In Montana, adult users are allowed to possess up to one ounce of marijuana and eight grams of marijuana concentrate, while adults over the age of 21 can also grow up to two mature plants or two seedlings.

While it is not illegal for employers to prevent employees from using marijuana, some employers may have difficulty taking adverse actions because of positive tests for marijuana. For instance, the new law doesn’t define “intoxication” and limits the categories of employees who can be tested for marijuana. If an employer is unsure about what to do, it may want to review their drug-testing policies before the law takes effect in 2022. If you’re in doubt, contact a law firm such as Littler Mendelson.

Montana Dispensary Information

Beginning Jan. 1, 2022, adults 21 and older can buy recreational marijuana in Montana. The same applies to other states, territories, and international travel. However, marijuana and firearms are still illegal under the federal Gun Control Act of 1968. Additionally, most transactions are conducted in cash. Bringing cash is a necessity because banks will charge a fee for processing transactions in noncash form. Additionally, businesses will need to adhere to the state’s strict licensing requirements and are prohibited from operating outside of their license area.

While the federal government has not legalized marijuana, the state has made it legal for those with certain medical conditions. The first state to legalize medical marijuana was Colorado, which decriminalized it in 2014. In addition, Montana prohibits its use in parks. Therefore, recreational marijuana in national parks is prohibited in Montana. In addition, medical marijuana businesses are only allowed to sell the drug for 18 months, after which new businesses may apply. For now, individuals can purchase up to one ounce of marijuana for personal use. In addition, 20 percent state sales tax and local taxes may be added to purchases.

How to Get a Medicinal Marijuana Card in Montana

Medical marijuana is now legal in Montana. The application process is similar to other states in the country. If you are suffering from a qualifying condition, you can apply for a medical marijuana card. To get your card, you must apply in person or mail it in. Depending on your medical conditions, the process could take up to one month. Luckily, there are many resources available to help you get a card and get started using medical marijuana.

To get your card, you must have a caregiver who is over 21 years of age. A caregiver must fill out the application and provide a proof of residency. The application fee is $25. A caregiver’s card does not give them the legal right to use cannabis, but it does grant you access to a dispensary. For those who are under 21 years old, however, it is important to know that they will need a caregiver card in order to use the marijuana.

Montana Marijuana Laws and Penalties

While you may be under the age of 21 and can legally purchase and possess small amounts of marijuana in Montana, possession of any amount in excess of the above limits is illegal. Marijuana possession in Montana is a serious crime. You may be charged with a DUI or a DWI if you are found to be driving under the influence of marijuana. Marijuana possession is also illegal in enclosed or outdoor public spaces. The penalties for breaking these laws are civil fines of up to $50.

Although marijuana is still illegal federally, it is legal for people in Montana to possess and grow up to an ounce of cannabis. The law also allows medical marijuana to be sold to qualified patients, though that won’t happen until 2022. In addition, possession of more than one ounce is a felony punishable by up to five years in prison, or eight grams of concentrate. If you are arrested, you may also face a fine of up to $5000, which can be a substantial sum.

MT Marijuana Summary

While medical marijuana is legal in many states, there are still some important rules and regulations that must be followed before it can be sold legally. Medical marijuana is only available as a prescription medication if the patient is suffering from a condition for which it was not originally prescribed. Among these are chronic nausea related to pregnancy, cannabinoid hyperemesis syndrome, and cyclical vomiting. Additionally, it can be used to treat chronic pain, PTSD, and AIDS, among other medical conditions. In addition to this, marijuana can be used to treat pain associated with terminal illness or the need for hospice care.

The Montana Department of Public Health and Human Services is responsible for overseeing the state’s medical marijuana program. The state has opted to use a system called Marijuana Enforcement Tracking Regulation and Compliance (METRC). In May 2017, Montana Governor Steve Bullock signed SB333, a bill that added seed-to-sale tracking, mandatory testing, and a 4% medical marijuana tax. Eventually, the tax will go down to 2%.