Cannabis
in Montana

Under Mont. Code Ann. 16-12-106, adults 21 and over may possess up to one ounce of usable marijuana, of which no more than eight grams may be concentrate, plus edibles containing up to 800 milligrams of THC. Home-grown marijuana beyond one ounce must be kept in a locked space not visible from public areas. Possessing between one and two ounces is a civil infraction with fines up to $200, while more than two ounces can be charged as a felony. Registered medical cardholders have the same possession rights as adults but may buy up to one ounce per day and five ounces per month from dispensaries, with some sources reporting up to eight ounces per 30 days with physician documentation.

Montana's minimum age for adult-use cannabis is 21, a threshold established by Constitutional Initiative 118. People under 21 who are not registered cardholders may not legally possess or use marijuana. The medical program admits patients from age 18. Minors may qualify if a parent or legal guardian serves as their caregiver, and their physician's statement must be signed by two physicians or an appropriate specialist. Caregivers and designated purchasers must be at least 21. Under Mont. Code Ann. 16-12-106, registered cardholders receive the same possession and cultivation rights as adults 21 and over, which is what allows an 18-year-old patient to lawfully hold cannabis.

Adults 21 and over may grow up to two mature plants and two seedlings at a private residence, and registered medical cardholders may grow up to four mature plants and four seedlings, under Mont. Code Ann. 16-12-106. Plants must not be visible from public places, and harvested marijuana beyond one ounce must be stored in a locked space. The growing area may not be shared with, rented to, or leased to a licensed cannabis business. Violations such as visible plants or improper storage bring civil fines of up to $250 and forfeiture. House Bill 701 cut the adult allowance from the four plants originally approved by voters, and NORML reports a four-plant maximum for households with multiple adults.

The Montana Department of Revenue regulates cannabis through its Cannabis and Alcohol Regulation Division, under Title 16, Chapter 12 of the Montana Code Annotated. The Division licenses cultivators, manufacturers, dispensaries, transporters, and testing laboratories, issues worker permits, tracks product from seed to sale in the Metrc system, sets packaging and labeling rules, and runs the medical cardholder program. Older sources name the Department of Public Health and Human Services as the medical program's regulator; current state pages place the cardholder program with the Department of Revenue. Some sources refer to the Division as the Cannabis Control Division. Adult-use sales are permitted only in counties whose voters approved Initiative 190.

The Montana Department of Revenue taxes adult-use marijuana at 20 percent of the retail price and medical marijuana at 4 percent. Local jurisdictions may add a local option tax of up to 3 percent, which applies to both medical and adult-use sales where adopted; Missoula County is one example. That puts the top combined rate at 23 percent for adult-use purchases and 7 percent for medical purchases. According to advocacy sources, cannabis tax revenue funds public health, veterans' services, conservation, and local government services, and collections had passed $150 million by late 2024. The gap between the two rates is a meaningful saving for registered cardholders who buy regularly.

Our research identifies no licensed consumption lounges in Montana. Adults may consume only in private residences or on private property with the owner's permission. Mont. Code Ann. 16-12-106 prohibits smoking marijuana in public places except in areas licensed by the Department of Revenue, with a fine of up to $50, but none of the sources identifies any such licensed areas. Consumption is also prohibited in hospitals and health care facilities, and clinic sources add schools, public transit, parks, and places of worship. Possession or use on federal land, including Glacier National Park, remains illegal, and on reservations legality depends on tribal law and approval.

Patients begin by obtaining a signed Physician's Statement from a Montana-licensed MD or DO confirming a qualifying condition. They then apply to the Department of Revenue's Cannabis and Alcohol Regulation Division through the state's TransAction Portal within 60 days of the physician's certification, paying a $20 state fee. After submitting, patients can print a temporary card from the portal, valid for up to 60 days, and use it at dispensaries while the permanent card is produced. Sources report that the Department must approve or deny an application within 30 days, and describe the physical card as arriving anywhere from a few days after approval to about six weeks.

Montana's qualifying conditions include cancer, glaucoma, HIV/AIDS, cachexia or wasting syndrome, severe chronic pain, intractable nausea or vomiting, epilepsy and other seizure disorders, central nervous system disorders with chronic spasticity, multiple sclerosis, Crohn's disease, painful peripheral neuropathy, admission to hospice care, and post-traumatic stress disorder, which voters added through Initiative 182 in 2016. Severe chronic pain must be supported by lab tests, imaging, or a second physician's opinion. Some clinic sources say physicians may also recommend cannabis for other conditions producing similarly debilitating symptoms, but the official sources in our research do not confirm that, and the Department of Revenue pages do not list the conditions themselves.

Applicants must be Montana residents aged 18 or older. The application requires a Physician's Statement signed by a Montana-licensed physician within the previous 60 days, a government-issued photo ID, proof of Montana residency, and a photo. It is filed through the TransAction Portal with a $20 state fee, payable online, by check, or by phone. For minors, a parent or legal guardian must serve as caregiver, the statement must be signed by two physicians or an appropriate specialist, and medical records are required. Adult patients may designate up to two caregivers, who must be at least 21. Cardholders must report changes to the Department of Revenue, and a replacement card costs $10.

Montana medical cards are valid for one year and must be renewed annually. Renewal follows the same process as the initial application: the patient needs a new Physician's Statement signed within 60 days of submission and pays the $20 state fee through the TransAction Portal. Clinic sources report that the state recommends starting renewal at least 45 days before the card expires, and that physician renewal visits are usually priced lower than first-time certifications. A temporary card can be printed from the portal after submission. Letting a card lapse means paying the 20 percent adult-use tax instead of the 4 percent medical rate until the renewal is approved.

Clinic sources consistently report that telemedicine evaluations are legal for Montana medical cannabis certification, conducted by secure video or audio call with a Montana-licensed physician, and several clinics offer them statewide. The official Department of Revenue pages in our research do not address telemedicine, so we cannot cite the provision that authorizes it. Whatever the format, the resulting Physician's Statement must be signed by a Montana-licensed MD or DO and submitted with the state application within 60 days. Minors need two physician signatures or an appropriate specialist regardless of how the visit happens. Patients should confirm the physician's Montana license before booking a remote appointment.

Montana does not recognize medical marijuana cards from other states, according to clinic and advocacy sources; the official Department of Revenue pages in our research do not address the question. Visiting patients therefore cannot buy at the 4 percent medical rate or use cardholder purchase limits and home-grow rights. Visitors 21 and over can buy adult-use cannabis at licensed dispensaries in counties that approved Initiative 190, subject to the one-ounce possession limit, the 20 percent state tax, and any local tax; sales are not available in counties that voted against it. Some other states accept Montana cards from travelling Montana patients, but that depends on the destination. Taking cannabis across state lines, including by air, remains illegal.