Montana Marijuana Laws
Any adult over 21 may possess and use up to 1 ounce of marijuana or 8 grams of concentrates.
Residents with a qualifying condition can register for a state-issued medical marijuana card and purchase up to 5 ounces per month from a dispensary. The Medical Marijuana Initiative permits patients to grow up to 6 flowering plants and six nonflowering plants at home.
LAW BREAKDOWN
LAW BREAKDOWNS
Marijuana use and possession is legal for adults 21 years and older, and those with a state-issued medical marijuana ID.
Possession
Adults can legally possess up to 1 ounce of marijuana and 8 grams of concentrates.
Possession of between 1 and 2 ounces of marijuana is a civil infraction that on a first offense comes with either a fine of $200 or 4 hours community service, at the choice of the offender. On a second offense, the penalty is either a $300 fine or 6 hours’ community service. On a subsequent offense, the penalty is either a fine of up to $500 or up to 8 hours’ community service.
Possessing more than 2 oz is a felony that comes with a possible 5 years in prison and $50,000 in fines.
For possessing more than 2 oz with intent to distribute, the potential prison sentence is 20 years.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Personal use | |||
| 1 oz or less | No penalty | None | $ 0 |
| 1 oz – 2 oz (1st offense) | Civil infraction | None* | $ 200 |
| 1 oz – 2 oz (2nd offense) | Civil infraction | None* | $ 300 |
| 1 oz – 2 oz (3rd offense) | Civil infraction | None* | $ 500 |
| More than 2 oz | Felony | 20 years | $ 45,000 |
| With intent to distribute | |||
| 1 oz to 2 oz | Civil infraction | None | $200 |
| More than 2 oz | Felony | 20 years | $50,000 |
| *The offender can choose to either pay a fine or take part in community service. | |||
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Consumption
Consumption of marijuana in public is prohibited in Montana. The punishment for doing so is a $50 fine.
Sale and Delivery
Sale or delivery of any amount of cannabis, with or without compensation, is a felony punishable by a minimum sentence of 1 year in jail and a maximum of life in prison, plus a top $50,000 fine. Sale or delivery of any amount from an adult to a minor carries an additional mandatory 2-year sentence.
If the sale or delivery occurs within 1,000 feet of school grounds, the charge is a felony with a minimum sentence of 3 years in prison and a maximum of life, as well as up to $50,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Any amount with or without compensation | Felony | 1 year* – life | $ 50,000 |
| From an adult to a minor | Felony | 2 years* | $ 50,000 |
| Within 1000 feet of school grounds | Felony | 3 years* – life | $ 50,000 |
| * Mandatory minimum sentence | |||
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Cultivation
Adults can legally cultivate up to 4 marijuana plants, with only 2 mature at any time. Regardless of the number of adults who reside there, the maximum number of plants allowed in a single residence is twice the individual limit.
Plants and any marijuana produced by plants in excess of 1 ounce must be kept in a locked location or on the grounds of a private residence and must not be visible by unaided view from a public place. Cultivating marijuana in a location that can be seen from public view is punishable by a fine of $250.
For cultivating up to 1 lb or 30 plants, the penalty is up to 10 years in prison and a fine of $50,000.
For cultivating more than 1 lb or 30 plants, the prison term is from 2 years to life, and a fine of $50,000 is possible.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Up to 2 mature plants and/or 2 seedlings per adult | No penalty | None | $ 0 |
| More than 2 mature plants up to 1 lb or 30 plants | Felony | 10 years | $ 50,000 |
| More than 1 lb or more than 30 plants | Felony | 2 years – life | $ 50,000 |
| Second or subsequent offense is punishable by twice the term of imprisonment and twice the authorized fine. | |||
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Hash and Concentrates
Adults are legally permitted to possess up to 8 grams of concentrate. Possession of between 8 and 16 grams is a civil infraction punishable by either a fine or community service, at the choice of the offender. On a first offense, the punishment is a $200 fine or 4 hours’ community service. On a second offense, the punishment is a $300 fine or 6 hours’ community service. On a third and subsequent offense, the punishment is a $500 fine or 8 hours’ community service.
If the person possessing between 8 and 16 grams of concentrate is under 21 years old, the punishment is a civil fine not exceeding $200 or up to 8 hours of drug education or counseling.
Manufacture, or possession of more than the above mentioned amounts are crimes punishable by imprisonment and fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of 8 grams or less | No penalty | None | $ 0 |
| Possession of 8 – 16 grams (first offense) | Civil infraction | None* | $ 200 |
| Possession of 8 – 16 grams (second offense) | Civil infraction | None* | $ 300 |
| Possession of 8 – 16 grams (subsequent offense) | Civil infraction | None* | $ 500 |
| Possession of 8 – 16 grams (by a minor) | Civil infraction | None* | $ 200 |
| Possession of more than 16 grams | Felony | 5 years | $ 1,000 |
| Manufacture | Felony | 10 years | $ 50, 000 |
| *The offender can choose to either pay a fine or take part in community service. | |||
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Paraphernalia
Adults and registered patients may possess paraphernalia.
Marijuana paraphernalia in Montana includes any items intended for use in the cultivation, harvesting, processing, analyzing, testing, storing, or consumption of marijuana.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession, manufacture, or delivery of paraphernalia | None | None | $ 0 |
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Civil Asset Forfeiture
Vehicles and other property may be seized.
Miscellaneous
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Use or possession of property subject to criminal forfeiture | Felony | 10 years | N/A |
| Continuing criminal enterprise results is a felony punishable by double or triple fine and imprisonment. | |||
| Possession of marijuana on a train results in additional penalties. | |||
| Storing marijuana results in additional fines. | |||
| Anyone convicted of a misdemeanor must attend a mandatory drug education course. | |||
| Imprisonment for felonies may be eligible for suspended or deferred imposition, which may include commitment to a drug treatment facility, community service, or driver’s license revocations. | |||
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Medical Marijuana
MEDICAL MARIJUANA
Montana voters legalized the medicinal use of cannabis by a wide margin in November 2004.
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:
One ounce
HOME CULTIVATION:
Yes. Four mature plants are allowed, as well as four seedlings and the amount of usable marijuana allowed by the department of rule.
STATE-LICENSED DISPENSARIES:
Yes. Licensed medical marijuana providers are permitted to serve more than three patients at a time.
CAREGIVERS:
Yes. Caregivers are not permitted to provide for more than two patients at a time (or three, if the caregiver is also a patient)
RECIPROCITY:
No
Montana Marijuana Attorneys
The following Montana lawyers are actively involved in the practice of cannabis law:
Useful Links
- Patient Application
- Cardholder Information
- Dispensary Listing