Montana Legal Information
In 2004, 62 percent of Montana voters passed Initiative I-148, allowing registered patients to use, possess and cultivate medical cannabis and designate a caregiver to assist them. The Montana legislature has amended that initiative in 2011, and new regulations were issued in 2011 and 2012. Currently, registered patients and their designated caregivers may possess up to one ounce of usable cannabis and cultivate up to four mature plants and 12 immature. The changes enacted by SB 423 in 2011 repealed several of the original provisions, including those concerning dispensaries and caregivers. A 2016 court ruling lifted the injunction that had preserved limited access to commercial caregivers. However, a comprehensive dispensary system was ultimately adopted by the voters of the state with the passage of I-182 in November 2016.
In This Section
In November 2004, Montana voters by a significant margin (62 percent) passed Initiative I-148, allowing certain patients with specific medical conditions to alleviate their symptoms through the limited use of marijuana under medical supervision.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.
Montana issues ID cards allowing qualified patients to use marijuana legally. Patients may designate caregivers to assist them with taking and growing their medicine.
Medical professionals recommending medical cannabis must be a physician duly licensed to practice medicine in Montana under MCA Title 37, Chapter 3. Physicians must assume primary responsibility for providing management and routine, complete a full assessment of the patient’s medical history and current condition, review all prescription and non-prescription medications and supplements used by the patient, and attest to ongoing care. Physicians are required to discuss potential harms and side effect of medical cannabis with their patient.
Every state has varying laws and regulations for caregivers, cultivators and medical cannabis providers. This section includes an overview of state requirements and links to necessary forms and applications.