Launch Details: Montana legalized adult-use cannabis through a ballot initiative in November 2020, with Initiative 190 (I-190). The initiative went into effect on January 1, 2021, and adult-use retail sales began on January 1, 2022.
Enabling Legislation: Initiative 190 (I-190) established Montana’s adult-use program, which is regulated by the Montana Department of Revenue.
Notable Amendments/Legal Adjustments: In 2021, the Montana legislature passed House Bill 701 to refine and expand on the initiative’s provisions, adding regulatory and licensing details to the framework established by I-190.
Historical Milestones: Montana became one of the first states in the Northern Rockies to legalize adult-use cannabis, reflecting a shift toward cannabis acceptance in more traditionally conservative regions.
Legal Possession and Cultivation Limits
Possession Limits: Adults 21 and older may possess up to 1 ounce of cannabis, which includes up to 8 grams of concentrate.
Cultivation Permissions: Montana allows adults to grow up to two mature plants and two seedlings per individual, with a maximum of four mature plants and four seedlings per household.
Compliance Information: Home cultivation must be conducted in a locked, private area not visible to the public. Cannabis must be securely stored when in transport.
Licensing and Business Regulation
License Types: Montana offers licenses for cultivation, manufacturing, retail, and testing facilities. Existing medical cannabis licensees were given priority for adult-use licenses during the program’s initial rollout.
Business Operation Requirements: License holders must comply with state-mandated security protocols, seed-to-sale tracking, and operational compliance standards. The Montana Department of Revenue enforces compliance through routine inspections.
Zoning and Fees: Local governments can regulate cannabis business locations, requiring distance from schools and other sensitive areas. Licensing fees vary by business type and scale, with different levels for larger and smaller operations.
Tax Structure: Adult-use cannabis is subject to a 20% state excise tax, while medical cannabis sales are taxed at 4%. Revenue from adult-use taxes is allocated to programs for substance abuse treatment, conservation, and veterans’ services.
Testing and Product Safety Standards
Testing Requirements: All cannabis products must be tested for potency, contaminants, pesticides, and heavy metals before they are sold to consumers. Testing must be conducted by state-licensed laboratories.
Labeling Standards: Labels must include THC/CBD content, health warnings, dosage information, and usage instructions. Products must be packaged in child-resistant, tamper-evident containers that avoid appealing imagery for minors.
Compliance Verification: The Montana Department of Revenue performs regular inspections and audits to ensure that facilities and products meet state standards for safety and labeling.
Age and Access Restrictions
Purchase Age: Adults 21 and older can legally purchase cannabis from licensed dispensaries.
Public Consumption Rules: Public consumption is prohibited statewide, and violators may face fines. Consumption is only permitted in private residences or on private property with permission.
Penalties for Violation: Penalties for public consumption, underage possession, and transportation violations include fines and potential civil penalties, with increased consequences for repeated offenses.
Social Equity and Community Impact
Social Equity Initiatives: Montana’s program does not include a specific social equity component. However, tax revenue from adult-use sales supports programs that address substance abuse and provide mental health services in local communities.
Local Control: Municipalities have the authority to opt out of allowing cannabis businesses within their jurisdictions or to impose additional zoning restrictions. They cannot restrict private possession or consumption within homes.
Consumer Protection and Enforcement
Recall Procedures and Consumer Complaints: Montana requires cannabis businesses to have recall procedures in place for contaminated or mislabeled products. Consumers can submit complaints to the Department of Revenue if they encounter safety or quality issues.
Advertising Restrictions: Advertising targeting minors is prohibited, and all cannabis advertisements are restricted near schools and youth facilities. Ads must avoid visuals or language appealing to children.
Penalties and Compliance Measures: Non-compliance with Montana’s regulations may result in fines, license suspension, or revocation. The Department of Revenue enforces penalties and corrective measures to uphold program integrity and public safety.
