Informational only — not legal advice. Cannabis laws change frequently; verify current rules with the official sources linked below before relying on this page.
Last verified: 2026-07-12
Montana Cannabis Laws — Quick Facts
Status
Recreational legal · since 2021 (Initiative 190)
Min. Age
21
Purchase Limit
1 oz (28 g)
Home Grow
Yes
1. Status & Authority
Legal Since: 2021 (Initiative 190)
Governing Agency: Montana Department of Revenue’s Cannabis Control Division
Statute/Citation: Montana Marijuana Regulation and Taxation Act (MCA Title 16, Chapter 12)
Medical Exists: Yes
Retail Sales Operational: Yes
2. Who Can Purchase
Minimum Age: 21
ID Requirements: Valid government-issued photo ID
Resident vs. Out-of-State/Visitor: Both residents and visitors aged 21+ may purchase.
Reciprocity: Visitors must purchase under adult-use rules, paying recreational taxes.
3. Purchase & Possession Limits
Flower: 1 oz (28 g)
Concentrate: 8 g
Edibles: Up to 800 mg of THC in edibles/infused products.
Note: These are per-transaction limits, though total public possession limits align with this.
4. Where & How to Buy
Dispensaries: State-licensed dispensaries in "opt-in" counties. Not all counties allow sales.
Delivery & Online: Recreational delivery is explicitly prohibited for adult-use consumers. Only registered medical patients can receive deliveries.
Consumption Lounges: Not permitted.
Local Opt-Outs: Counties can (and many do) prohibit recreational sales entirely.
5. Taxes & Payment
Excise Tax: 20% state tax on adult-use retail sales.
Sales Tax: Montana does not have a general state sales tax.
Local Tax: Counties can impose up to a 3% local option excise tax on sales.
Payment: Cash or cashless ATMs.
6. Consumption Rules
Permitted Locations: Private property only.
Prohibited Locations: Any public place, hotels, sidewalks, and federal lands (such as Glacier or Yellowstone National Parks).
Vehicles/Open Container: Illegal to consume in a vehicle. Products must be kept in original unopened packaging in the trunk or a locked glove compartment.
Landlord/Employer: Landlords may prohibit use on premises. Employers can enforce drug-free policies.
7. Home Cultivation
Allowed: Yes
Plant Count Limits: Up to 2 mature plants and 2 seedlings per adult.
Household Caps: Maximum 4 mature plants and 4 seedlings per household if multiple adults reside there. Renters must have written permission from their landlord. Plants must be out of public view.
8. Penalties
Over-Limit Possession: Can result in fines or criminal charges.
Public Consumption: Civil fine.
Sale to Minors: Criminal charges.
DUI Thresholds: "Per se" limit exists. Driving with a THC blood concentration of 5 ng/mL or higher is a DUI, though you can be charged below this limit if impairment is proven.