Sales for adult use marijuana will begin in Calendar Year 2022.
Medical marijuana is still available for qualifying patients under the Montana Medical Marijuana Program, under the Department of Public Health and Human Services.
Medical marijuana providers are only allowed to sell marijuana to registered patients approved under the Montana Medical Marijuana Program.
Under Initiative 190, starting January 1, 2021, criminal penalties for possession or use of less than one ounce of marijuana (not more than 8 grams of which is concentrate) no longer apply under state law for adults 21 and over. Adults may plant and cultivate up to four mature marijuana plants and four seedlings. Sale of any amount, except by licensed providers to valid cardholders, remains illegal.
Possession and use of marijuana remains illegal in many circumstances. It is illegal on all federal lands including Glacier and Yellowstone National Parks and at other specific places under state, local, or tribal law. It remains illegal to transport marijuana into or out of Montana. Contact your local law enforcement agency with any questions
No. Individuals are allowed to grow marijuana for personal use only. No one is allowed to sell marijuana without a license.
For a person who is 21 years of age or older:
- A person who cultivates marijuana plants or stores marijuana outside of a locked space is subject to a civil fine not exceeding $250 and forfeiture of the marijuana.
- A person who smokes marijuana in a public place is subject to a civil fine not exceeding $50.
A person who is under 21 years old and is not a registered medical marijuana cardholder can be fined up to $100, or complete up to four hours of drug education or counseling in lieu of the fine, for possession, use, ingestion, inhalation, transportation, or distribution without consideration of 1 ounce or less of marijuana.
A person who is under 18 years old and is not a registered medical marijuana cardholder can be fined up to $100, or complete up to four hours of drug education or counseling in lieu of the fine, for possession, use, transportation, or distribution without consideration of marijuana paraphernalia. The marijuana paraphernalia is subject to forfeiture.
The possession, production, delivery without consideration to a person 21 years of age or older, or possession with intent to deliver more than 1 ounce but less than 2 ounces of marijuana, or more than 8 grams but less than 16 grams of marijuana in a concentrated form, is punishable by forfeiture of the marijuana and for a first violation, the person’s choice between a civil fine not exceeding $200 or completing up to four hours of community service in lieu of the fine. See I-190 for more information regarding other fines for this offense.
For Potential Licensees
The department will begin accepting applications for licenses to sell marijuana to adults 21 and over by October 1, 2021.
For the first 12 months after the department starts accepting applications for licenses, only current medical marijuana providers, medical marijuana infused products providers, and dispensaries may apply.
That is the timeline in the initiative. There are many complex details, and the Montana Department of Revenue will oversee this entire new industry from cultivation to sale. The department must develop a licensing system for manufacturers, providers, and dispensaries, and must build processes and systems to handle site inspections, tax collection, and more. In addition, the Montana Legislature must provide funding and appropriation to the department to fully staff and implement the initiative.
Under I-190, the tax for retail sale of adult-use marijuana and marijuana products will be 20 percent.
The tax on the retail sale of medical marijuana is 4 percent.
The 2021 Session of the Montana Legislature began January 4, 2021, so changes are possible.
The cost of licensure is undetermined at this point. Check back periodically or sign up for updates. The cost of licensure will vary based on the department’s costs of administering the program.
At this point there is no limit on the number of marijuana licenses that can be issued unless a local city or county ordinance establishes one.