Montana

Navigating Montana State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Montana. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in Montana, residents may grow up to four mature cannabis plants or twelve seedlings in their homes at once for medicinal use. If two medical marijuana patients reside in the same household, they may grow eight mature plants and eight seedlings. All adult patients must report the locations of their home grows to the Montana Department of Public Health.

 Get involved locally!

Background on State Laws

In recent years, Montana enacted SB 265, which made improvements to laboratory testing, telemedicine and removed the requirement that patients must only obtain medicine from a single dispensing facility. Taking place in 2019, this is a noteworthy program improvement, offering patients much greater access flexibility and consumer choice. Cannabis is legal to all adults over the age of 21 in Montana. Patients and caregivers in Montana may possess up to 1 ounce and grow up to 4 mature plants at home. Although, patients in Montana still face an inadequate number of dispensaries with a limited selection of products. Montana does not recognize out of state medical cannabis cards. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how Montana fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Montana can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	50/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 0/20 Explicit Privacy Standards 5/5
Access to Medicine	80/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 20/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 15/30 Reciprocity 20/20
Program Functionality	51/100
Legal Protections Within Reasonable Time Frame 20/20 Reasonable Possession Limits 5/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 3/5 - Background Checks 0/2 - Number of Caregivers 3/3 Reasonable Physician Standards 3/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	40/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	39/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 5/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 9/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	106/200
Cultivation Operations 21/50 Quality Management Systems 0/10 Staff Training 5/10 Standard Operating Procedures 4/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 1/1 - Records Management 0/1 Pesticide Usage Limitations 1/2 Environmental Impact Regulations 1/2 Required Testing 7/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 2/7 Manufacturing Operations 27/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Environmental Impact Regulations 1/3 Required Testing 6/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 2/5 Dispensary Operations 15/50 Staff Training 10/20 Standard Operating Procedures 1/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 4/13 Laboratory Operations 43/50 Independent or Third-Party 0/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 4/5 Staff Training 20/20 Standard Operating Procedures 6/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	15/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 10/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 5/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.