Montana Marijuana Laws
At the start of 2021 Montana will join the growing list of states permitting adults to possess, use, and grow marijuana. Here, medical marijuana has been well established since 2004.
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. Concentrates come with harsher penalties than other types of cannabis, and paraphernalia is also banned. Penalties for low-level offenders are relatively light, but other crimes may carry severe penalties.
Possession
As of 2021, adults can legally possess up to an ounce of marijuana and 8 grams of concentrates. Possession of marijuana is a misdemeanor in Montana as long as the amount is less than 60 grams (a little more than two ounces). For a first-time offender, the maximum penalty is six months in jail and a fine of $500. On a subsequent conviction, the top sentence increases to three years in prison and $1,000 in fines.
If the amount is greater than 60 grams, the offense is a felony and is punishable by as many as five years in prison and as much as $50,000 in fines. Possession of any amount with intent to distribute it carries a maximum sentence of 20 years in prison and $50,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 60g or less(first offense) | Misdemeanor | 6 months | $ 500 |
| 60g or less(second offense) | Misdemeanor | 3 years | $ 1,000 |
| More than 60g | Felony | 5 years | $ 50,000 |
With intent to distribute |
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| Any amount | Felony | 20 years | $ 50,000 |
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Sale and Delivery
Sale or delivery of any amount of cannabis, with or without compensation, is a felony punishable by a minimum sentence of one 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 two-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 three 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 four marijuana plants. If the grower cultivates less than one pound of cannabis or 30 plants, the charge carries a maximum sentence of 10 years in prison and $50,000 in fines on a first offense.
When the amount of cannabis cultivated is more than one pound or 30 plants, the prison term increases to between two years and life. Both the maximum prison term and the maximum fine double on second and subsequent convictions.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1 lb or less or 30 plants or less | 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
Penalties for possession or manufacture of marijuana concentrates are harsher than those for bud. Adults may possess up to 8 grams of concentrate.
Possession of more than one gram is a felony and carries a top punishment of five years in prison and $1,000 in fines. Manufacture of hashish or other concentrates can be punished by up to 10 years in prison and $50,000. The sale of concentrates or possession with intent to sell them are both treated the same as regular marijuana sale or delivery.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of 1 gram or less (first offense) | Misdemeanor | 6 months | $ 500 |
| Possession of 1 gram or less (subsequent offense) | Misdemeanor | 3 years | $ 1,000 |
| Possession of more than 1 g | Felony | 5 years | $ 1,000 |
| Manufacture | Felony | 10 years | $ 50,000 |
| Penalties for the sale or possession with the intent to sell hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
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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 | Misdemeanor | 6 months | $ 500 |
| To a person under 18 who is at least 3 years younger | Misdemeanor | 1 year | $ 1,000 |
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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:
Cachexia or wasting syndrome, Cancer, Chronic pain, Crohn’s disease, Glaucoma, HIV/AIDS, Nausea, Seizures, and Severe or persistent muscle spasms
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:
Yes
Montana Marijuana Attorneys
The following Montana lawyers are actively involved in the practice of cannabis law:
Useful Links
- Patient Application
- Cardholder Information
- Dispensary Listing
