State Law Tracker · Montana

Cannabis and hemp law in Montana

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

RecreationalLegal MedicalLegal Delta-8Banned

Is recreational cannabis legal in Montana?

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.

Is medical cannabis legal in Montana?

Legal. Medical program since 2004; since 2021 the Department of Revenue regulates both medical and adult-use cannabis.

What are the rules for hemp products in Montana?

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.

Is delta-8 THC legal in Montana?

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.

What happens if you break the law in Montana?

Up to 1 oz is legal for adults 21+; 1-2 oz is a civil fine up to $200 for a first offense.

Sources

  1. revenue.mt.gov/card/cannabis/2025-legislative-updates
  2. projects.montanafreepress.org/capitol-tracker-2025/bill-texts/SB-375/SB0375_X(1).pdf
  3. projects.montanafreepress.org/capitol-tracker-2025/bill-texts/HB-49/HB0049_X(1).pdf
  4. mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0060/0160-0120-0010-0060.html
  5. revenuefiles.mt.gov/files/Posts/rules-hearings/MAR-No-2025-227-2.pdf
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
← All 50 states