Know Before You Go – Personal Marijuana Possession on Montana’s Roads

Medicinal and adult-use marijuana possession and consumption is permitted in Montana. Marijuana consumers may wonder how they can legally transport their marijuana in their personal vehicle while adhering to Montana’s laws.

The Cannabis Control Division is providing information for those individuals who wish to ensure that they are avoiding the unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle on Montana’s roads.

Purchases from the dispensary must remain in its unopened, original packaging.
  • In a motor vehicle’s locked glove compartment or storage compartment
  • In a motor vehicle’s trunk or luggage compartment
  • In a truck bed or cargo compartment
  • Behind the last upright seat of a motor vehicle that is not equipped with a trunk
  • In a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger

Per 16-12-106, MCA, a registered cardholder or eligible adult consumer may possess and/or transport 1 ounce or less of their personal, usable marijuana.

*Not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid form

A violation of this statue is a civil penalty (e.g., not punishable with incarceration time, supervised probation, parole).

An individual convicted of the offense of unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle shall be fined an amount not to exceed $100.00.
  • A violation of this section is not a criminal offense and may not be recorded or charged against a driver’s record.
  • A motor vehicle insurance company may not hold a violation of this section against the insured or increase premiums because of the violation.
Crossing state lines in a motor vehicle with personal, adult-use marijuana, marijuana products, or marijuana paraphernalia is prohibited under any circumstances.
There is no exception for traveling across state lines with medicinal marijuana; it remains prohibited.
No. Per 61-8-1002, MCA, a person commits the offense of driving under the influence if the person drives or is in actual physical control of a vehicle (non-commercial and commercial) while consuming marijuana/marijuana products and/or having 5 nanograms per milliliter (5ng/ml) or more of Delta-9 THC in their blood or other bodily substance.

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