Montana cannabis law

Key points
Legal status
Possession limits
Medical patients 1 oz
Recreational users 1 oz
State taxes
Medical patients 4% sales tax
Recreational users 20% sales tax
Cultivation
Medical patients Up to 4 mature plants and 4 seedlings
Recreational users Up to 2 mature plants and 2 seedlings
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Do I qualify?

Find out if you're eligible for medical cannabis with our quick and easy quiz
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👋 What if I didn’t find my disease on this list?
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Concise guide to Montana's medical marijuana laws

Qualifying Conditions

  • Admittance into hospice care in accordance with rules adopted by the department
  • Cachexia or wasting syndrome
  • Cancer
  • Central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
  • Crohn’s disease
  • Epilepsy or an intractable seizure disorder
  • Glaucoma
  • HIV/AIDS
  • Intractable nausea or vomiting
  • Painful peripheral neuropathy
  • Post traumatic stress disorder
  • Severe chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician

Patient Possession Limits

A registered cardholder who has named a provider may possess up to one ounce of usable marijuana. A registered cardholder who has not named a provider may possess up to 4 mature plants, 4 seedlings, and the amount of usable marijuana allowed by the department by rule. If two or more registered cardholders share a residence and have not named providers, the cardholders may have a maximum of 8 mature plants, 8 seedlings, and the amount of usable marijuana allowed by the department by rule.

Home Cultivation

Yes. See above.

State-licensed Dispensaries Allowed

Yes. Passage of Initiative I-182 permits licensed medical marijuana providers to serve more than three patients at one time.

Medical Marijuana Statutes

  • Montana Medical Marijuana Act, Mont. Code Ann. §§ 50-46-1 to 50-46-2 (2007)

Caregivers

Yes, but caregivers may provide for no more than two patients at one time (or three, if the caregiver is also a patient).

Estimated Number of Registered Patients

15,845

Source: Cannabis Control Division, as of May 2024

Employment Protections for Qualifying Patients

Yes

Details

Reciprocity

No

Contact Information

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