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. | |||
Scroll to see the rest of the table.
Consumption
Consumption is 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 | |||
Scroll to see the rest of the table.
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. | |||
Scroll to see the rest of the table.
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. | |||
Scroll to see the rest of the table.
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 |
Scroll to see the rest of the table.
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. | |||
Scroll to see the rest of the table.
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