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Guidance for Alcoholic Beverage Licensees and Agency Liquor Stores Effective January 15, 2021

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New guidance for alcoholic beverage licensees and agency liquor stores effective January 15, 2021.

If local jurisdictions have more restrictive guidelines, those must be followed instead.

Printable Guidelines effective January 15, 2021 (PDF, 152 KB)

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Update

To serve their customers in a healthful environment, businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices during this emergency.

Days and hours of operation for all licenses types and agency liquor stores revert back to those outlined in Title 16, MCA.

Continued Allowances

All licensees must follow all laws pertaining to the Responsible Alcohol Sales and Service Act (16-4-1001, MCA).

All licensees may:

  • Take orders and payments on the phone or by computer.
  • Sell for delivery, curbside pickup, drive-up or take-out for off-premises consumption prior to closing time.
    • Licensees and their employees (with server training, but no age requirement) may carry alcohol in original packaging1 curbside or to a parking area. This includes growlers with beer and table wine.
    • Licensees and their employees (at least 21 and with server training) may deliver alcohol “off-site” in original packaging1. This includes growlers with beer and table wine.

Selling Alcohol for Off-Premises Consumption

All licensees may sell alcohol for off-premises consumption prior to closing time.

All-Beverage and Beer Licensees

All-beverage and beer licensees may:

  • Sell alcoholic beverages in individual servings2 for take-out only. The buyer assumes liability for local or state regulations regarding open container laws.
    • Licensees employees must be at least 18 and have server training.

Breweries

Breweries may:

  • Sell only in original packaging1, including growlers with beer.

Wineries

Wineries may:

  • Sell only in original packaging1, including growlers with wine.

Distilleries

Distilleries may:

  • Sell only up to 1.75 liters per person per day.
  • Sell only in original packaging1.

Restaurant Beer and Wine Licensees

Restaurant beer and wine licensees may:

  • Sell only in original packaging1.
  • Sell beer and wine only to a patron who orders food, with that beer and wine stated on the food bill.

Off-Premises Licensees and Agency Liquor Stores

Off-premises licensees and agency liquor stores may only sell products in original packaging1.

Beer Wholesalers and Table Wine Distributors

Beer wholesalers and table wine distributors may coordinate with retail licensees and with agency liquor stores for pickup of beer or table wine for any quantity of product that is agreed upon.

Continued Prohibitions

No licensee or agency liquor store may:

  • Sell to a person under 21.
  • Sell to any person actually, apparently, or obviously intoxicated.
  • Have a third-party service such as Grubhub order, pickup, or deliver alcohol.
  • Canvass for, or solicit, orders for alcohol. Customers must initiate the sale of alcohol either on the phone, in person, or online. Normal advertising rules apply.

Virtual Special Events NOT allowed.

Virtual Catered Events NOT allowed.

  1. Original packaging means the sealed container in which a manufacturer packages its products for retail sale. This includes bottles, cans, kegs, and growlers, but does not include lines or piping for carrying product from a manufacturer’s premises to a retailer’s premises.
  2. Individual serving means not more than 16 ounces of beer, not more than 2 ounces of liquor, not more than 7 ounces of wine, or a proportional combination thereof. For example, 1 ounce of liquor mixed with 8 ounces of beer.

I-190 Adult-Use Marijuana Frequently Asked Questions

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For Individuals

When will I be able to purchase adult-use marijuana in Montana?

Sales for adult use marijuana will begin in Calendar Year 2022.

Is there still medical marijuana in Montana?

Medical marijuana is still available for qualifying patients under the Montana Medical Marijuana Program, under the Department of Public Health and Human Services.

Why can’t I just buy marijuana from an existing medical provider?

Medical marijuana providers are only allowed to sell marijuana to registered patients approved under the Montana Medical Marijuana Program.

I can’t buy marijuana until possibly 2022. But isn’t it legal now?

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

If I grow marijuana, can I sell it?

No. Individuals are allowed to grow marijuana for personal use only. No one is allowed to sell marijuana without a license.

Can I still get fined for marijuana?

Yes.

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

How do I get a license?

The department will begin accepting applications for licenses to sell marijuana to adults 21 and over by October 1, 2021.

Sign up to receive updates on any changes in the law or opportunities to apply for licenses.

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.

Why does it take so long?

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.

What’s the tax on marijuana?

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.

Can things change before licenses are issued?

The 2021 Session of the Montana Legislature began January 4, 2021, so changes are possible.

What will it cost me to get a license once they’re available?

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.

Is there a limit on the number of marijuana licenses that will be issued?

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.

2019-2020 Biennial Report Now Available

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The Biennial Report provides detailed information on the duties carried out by the Montana Department of Revenue. We provide the report to the governor and state legislature every other year, as required in 15-1-205, MCA.

July 1, 2018—June 30, 2020, Biennial Report

Montana Department of Revenue Biennial Report - July 1, 2018 through July 30, 2020 - Cover Image Only
ReportDownload
Complete ReportPDF, 41 MB
About the AgencyPDF, 1 MB
Tax Structures and TrendsPDF, 2 MB
Individual and Corporate Income TaxPDF, 2 MB
Natural ResourcesPDF, 811 KB
Other TaxesPDF, 2 MB
Property TaxesPDF, 15 MB
Alcoholic Beverage Control DivisionPDF, 881 KB
Tax ExpendituresPDF, 3 MB
Shared RevenuePDF, 5 MB
GlossaryPDF, 192 KB
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