Montana
Equity Project State Briefing
Legal Status
Is Cannabis Legal in Montana?
- Adult-Use:
Yes
- Medical:
Yes
Cannabis in Montana is legal for both medical and adult use.
Date of Legalization
- Adult-Use:
2021
- Medical:
2004
Montana legalized cannabis for medical use in 2004 through voter initiative I 148. The state similarly authorized cannabis for adult use in the 2020 election through voter Initiative 190 which went into effect January 1, 2021.
Administrative rules related to Montana’s adult use Cannabis framework can be found in Title 42, Chapter 39 of the Administrative Rules of Montana
Source:
ballotpedia.org "Montana Medical Marijuana Allowance, I-148 (2004)". Retrieved January 22, 2022
Montana Department of Revenue "Adult-Use Marijuana Frequently Asked Questions". Retrieved January 22, 2022
Possession Limits
Within Montana’s adult use framework adults 21+ may possess, purchase, obtain, use or transport up to 1 ounce of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid form.
Adults may cultivate up to two mature marijuana plants and two seedlings for private use in a private residence, subject to certain restrictions.Within Montana’s medical framework, patients may possess up to 1ounce but may purchase a maximum of 5 ounces of usable marijuana a month and no more than 1 ounce of usable marijuana a day.
Medical cardholders may cultivate up to four mature plants and four seedlings for private use in a private residence.
Other Licensing Provisions
License Caps
- License Caps:
Yes
Montana limits available licenses, however this cap only applies to the number of combined-use marijuana licenses. The department may issue a total of eight combined-use marijuana licenses to entities. These entities include, a federally recognized tribe located in the state, or a business entity that is majority-owned by a federally recognized tribe located in the state. A combined-use marijuana license consists of one tier one canopy license and one dispensary. However, the licensed premises must be located in a jurisdiction that permits the operation of a marijuana as jurisdictions must opt in to participate in the adult use sector.
Source:
Capitol Tracker HB 701: Generally revise marijuana laws. Retrieved January 21, 2022
HB 701. Subsections 1, 2, & 3
Application Selection Process
- Selection System:
Merit
Montana has a merit-based award system used to distribute adult use licenses.
Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
Yes
- Exemption for Cannabis Offenses:
No
Montana’s adult use framework disqualifies applicants for cannabis licensure on the basis of their conviction history. The department may not issue a license if (1) the applicant is currently under department of corrections supervision, (2) if the applicant has been convicted of fraud under the states medical marijuana program or (3) if the applicant has a felony conviction or a conviction for a drug offense, including but not limited to, a conviction for a violation of any marijuana law in any other state within the past 5 years, and after an investigation, the department finds that the applicant has not been sufficiently rehabilitated as to warrant the public trust.
Source:
Mont. Code § 16-12-203. Licensing types - requirements - limitations - activities. Subsection (2)(a)
Employee Criminal Records
- Conviction Restrictions for Employees:
Yes
- Exemption for Cannabis Offenses:
No
A marijuana worker permit is required for an employee who performs work on behalf of a cannabis business. State law requires that applicants for a marijuana worker’s permit respond to questions concerning their conviction history and during the course of employment report any convictions within 10 days. The statute does not specify any disqualifying offenses or procedures for considering an applicant’s criminal history.
Montana regulators are currently proposing an employment disqualification for folks with felony convictions within the last three years. A public hearing on the proposed rules was held on November 30, 2021, however the results of the proposed regulations have not yet been published.
UPDATE: New rules effective 02/01/2022. See HB 701
Source:
Mont. Admin. R. 42.39.113. [Repealed effective 1/1/2022] Marijuana Employee Permit
Mont. Code Tit. 16 Chapter 12, Part 2. Licensing and Regulation. Subsections (3)(a)(v) and (7)
Before the Department of Revenue of the State of Montana Notice of Public Hearing Proposed Adoption. Page 9
Availability of Expungements
- Expungements:
Yes, Not Automatic
Montana offers record cleaning for certain cannabis convictions, however the process is not automatic. Individuals with qualifying cannabis convictions may ask the court to expunge or reduce their conviction.
Source:
Mont. Code § 16-12-113.
Social Equity
Social Equity Definition / Criteria
Montana does not have a state social equity program.
Social Equity Provisions
Montana does not have a state social equity program.
License Priorities and Set Asides
Montana does not have any specific licensure set asides for social equity operators, nor is there any state level licensing priority given for social equity applicants. Per HB 701, between January 1, 2022 and June 30, 2023, the department may only accept applications from and issue licenses to former medical marijuana licensees that were licensed by or had an application pending with the department of public health and human services on or before November 3, 2020.
Source:
Fee Waivers and Reductions
Montana does not offer fee waivers or reductions for application or licensure fees.
Other Financial Support for Social Equity Applicants and Licensees
Montana does not offer state level funding to support individuals who have been disproportionately harmed by cannabis prohibition.