In Montana, recreational cannabis is legal, medical cannabis is legal, and delta-8 THC is banned.
Last verified October 24, 2026 · Last major change July 2026
Legal. Legal since 2021 (I-190); new-license moratorium extended through June 2027. Since July 1, 2026, marijuana edibles are capped at 5 mg THC per serving and 100 mg per package.
Legal. Medical program since 2004; since 2021 the Department of Revenue regulates both medical and adult-use cannabis.
HB 49 (2025) applies hemp's cap of 0.5 mg total delta-9 THC per serving and 2 mg per package to all sellers, including marijuana businesses; SB 375 (2025) bars selling consumers hemp products with delta-9 THC unless FDA-approved.
Banned. State law bars making, storing or selling synthetic cannabinoids, including in marijuana dispensaries (HB 49, 2025); state rules effective March 21, 2026 define these to include cannabinoids made by chemical reaction or conversion.
Up to 1 oz is legal for adults 21+; 1-2 oz is a civil fine up to $200 for a first offense.