Cannabis Control Division Frequently Asked Questions

As of January 1, 2022, medical and adult use marijuana is legal to purchase in the state of Montana by individuals 21 and over.

As of January 1, 2021, adults 21 and over may possess and use up to one ounce of marijuana with no criminal penalties.

However, marijuana consumption and possession (including medical marijuana) remains prohibited in public and certain other locations. It is also prohibited under federal law on all federal lands and waters.

Marijuana (except medical marijuana) is prohibited in hospitals and other health care facilities.

Operating a motor vehicle under the influence of marijuana remains illegal.

Contact your local law enforcement agency for more information.

As of January 1, 2022, previously licensed medical marijuana license holders are now allowed to sell to adult-use consumers.

Previously licensed means license holders in “green” counties who were licensed on or before April 27, 2021, or who had a pending application on or before April 27, 2021.

Adults may cultivate up to two mature marijuana plants and two seedlings for private use in a private residence, subject to certain restrictions. (Medical marijuana cardholders may cultivate up to four mature plants and four seedlings). The plants may not be visible to the public.

Yes. Hemp growers are licensed by the Montana Department of Agriculture.

No. In “green” counties, where the majority of voters supported Initiative 190 in November 2020, adult-use sales began in January 2022.

In “red” counties, where the majority of voters opposed Initiative 190, adult-use marijuana sales are prohibited.

In addition to continuing the Montana Medical Marijuana Program, the Department of Revenue issues separate licenses for marijuana cultivators, manufacturers, dispensaries, transporters, and testing laboratories.

The Department offers 13 different cultivation or “canopy” licenses for cultivation facilities of different sizes.

A worker permit is required for any employee participating in any part of a marijuana business.

Yes.

When licensees are able to operate, edible adult-use marijuana products may contain up to 10 mg of THC per serving, and up to 100 mg of THC in an entire package.

The total psychoactive THC of marijuana flower may not exceed 35%.

Topical products may contain no more than 6% THC and no more than 800 mg of THC per package.

For a marijuana product sold as an edible or a food product (including beverages), no more than 100 milligrams of THC. A single serving of an edible marijuana product may not exceed 10 milligrams of THC.

A marijuana product sold as a capsule, transdermal patch or suppository, may not contain more than 100 mg of THC, and no more than 800 mg of THC in an entire package.

These limits do not apply to sales by licensed medical marijuana providers to medical marijuana cardholders.

For any other marijuana, including concentrates and extracts, no more than 800 milligrams of THC per package.

Yes.  The Department of Revenue may issue a total of eight Combined-Used Licenses – one to each of the federally recognized Native American tribes located in Montana, or to a business entity that is majority-owned by a federally recognized tribe located in Montana.  Combined Use Licenses consist one of tier one canopy license and one dispensary license that must be located at the same licensed premise.

Combined Use licensees must operate in a “green county” and within 150 air miles of the exterior boundaries of the reservation, or, for the Little Shell Chippewa tribe, within 150 air miles of the tribal services area.   For more information on Combined Use Licenses, see 16-12-225, MCA and ARM 42.39.415.

The Department of Revenue is currently evaluating what rules and processes are necessary about these topics.

Subscribe to the department’s newsletter to receive updates.

You must have an Alternative Nicotine or Vapor Products Retail license if you sell alternative nicotine or related products, including:

• E-cigarettes
• Vapor Devices or Mods
• Accessories
• Liquid or e-juice

The license has a $20 annual fee. You may apply for a new license or renew an existing license using the eStop Business Licenses Service.

You need an alternative nicotine license even if you have a tobacco retailer license.

Please refer to the attached Montana map. The map reflects the current status of each county, as determined by the results of Initiative 190 or other local election held after HB-701 was signed into law by the Montana legislature.

• “Red” counties: Adult-use cannabis sales are prohibited.
• “Green” counties: Adult-use cannabis sales are permitted.
• “Blue” counties: County voters opted to include a local option sales sale on cannabis sales.

For more information, please see Cannabis Tax.

Yes. In a county where the majority of voters opposed Initiative 190, adult-use sales will be allowed if that county holds an election and a majority of the voters choose to allow marijuana businesses to operate in that jurisdiction.

In a county where the majority of voters supported Initiative 190, certain marijuana businesses could be prohibited if that county holds a local election and a majority of the voters choose to prohibit that type of business from operating.

Yes, you cannot issue W-2s to an employee using your Social Security Number (SSN). If you do not currently have an EIN, you can easily apply for one here.

No, cannabis is not recognized as an agricultural crop in Montana.

No, employee wages and withholding must be reported on the federal form W-2.