Montana, also known as the Treasure State, is known for its abundance of natural minerals like silver, sapphire and gold. In the last two decades, Montana has gained recognition for its bounty of another green treasure — cannabis.
Both marijuana and hemp products are legal in Montana.
Montana has led the pack in many ways, legalizing its first hemp CBD products in the early 2000s.
In 2001, Senate Bill 261 legalized and regulated the growth of industrial hemp for commercial purposes. Montana later created the Montana Medical Marijuana Program, which gave access to marijuana products, including CBD, to medical patients. The 2018 Farm Bill then made it federally legal for all states to grow and sell hemp-derived CBD products, which has allowed Montana to build a large CBD market.
CBD Laws in Montana: What You Need to Know
Montana has led the pack in many ways, legalizing its first hemp CBD products in the early 2000s. The state abides by the 2018 Farm Bill’s definition of industrial hemp, which contains no more than 0.3% THC for recreational use. CBD derived from marijuana, and containing more than 0.3% THC, is also legal in Montana.
That said, here is a quick overview of what you need to know about CBD laws in Montana:
- No age limit – Per the 2018 Farm Bill, there are no age restrictions for the purchase and use of hemp-derived CBD products that contain no more than 0.3% THC. Individuals of any age can enjoy the benefits of this product. However, if you want to purchase CBD with a THC concentration above this limit, you must be over 21 years of age or hold a medical marijuana card.
- No possession limit – There are currently no limitations on the quantity of CBD an individual can possess as long as the CBD product is no more than 0.3% THC. Restrictions may be different for marijuana-derived CBD with higher THC concentrations.
- THC concentration – Per the 2018 Farm Bill, all hemp-derived CBD is legal for recreational use if it has no more than 0.3% THC. However, in Montana, CBD with higher THC concentrations is sold in marijuana dispensaries for medical use.
- CBD in food and beverages – In Montana, CBD can be used in food, beverages and dietary supplements as long as the packaging does not claim any health benefits from consuming these products. The Montana Department of Public Health and Human Services (DPHHS) has also permitted the use of industrial hulled hemp seeds and oil to be used in food.
- Regulatory agencies – The Montana Department of Public Health and Human Services (DPHHS), along with the U.S. Food and Drug Administration (FDA) is responsible for regulating hemp in foodstuff and dietary supplements. The Montana Department of Agriculture’s Hemp Program has oversight on hemp licensing, inspection, reporting and disposal.
Is CBD Legal in Montana?
The legalization of CBD has been in discussion in the Montana legislature since the turn of the century. The growing and selling of industrial hemp-derived CBD was legalized in Montana in 2001 by Senate Bill 261. This bill defined hemp as having no more than 0.3% THC and put certain licensing standards for growers in place.
The 2018 Farm Bill removed hemp from the Controlled Substances Act, making hemp products, including hemp-derived CBD, legal throughout the nation. Akin to Montana, hemp must have no more than 0.3% THC to be legal at the federal level. In 2019, Montana established an industrial hemp program to oversee and regulate hemp growing, manufacturing and selling.
In 2021, House Bill 701 was passed, which regulated marijuana license holders growing or selling hemp, or hemp-derived CBD, in their establishments. This meant that marijuana businesses and dispensaries would not be able to sell CBD products.
However, CBD in vaporizer cartridges, which contained more than 0.3% THC, was allowed to be sold in dispensaries. This pushed the sale of other CBD products to grocery stores and gas stations.
After much public resistance and outcry, the Montana Department of Revenue (DOR) canceled this ruling and made it possible for dispensaries to sell CBD products to their customers without negative repercussions.
Can I Buy CBD in Montana?
Yes, you can buy CBD in Montana. All hemp-derived CBD products with a THC concentration of no more than 0.3% are available for purchase across online platforms and local establishments like marijuana dispensaries and gas stations.
Marijuana-derived CBD products with higher amounts of THC are also available in marijuana dispensaries and to patients who have a doctor’s prescription.
Can I Buy CBD Online?
Yes, you can buy CBD online in Montana. Online CBD retailers offer a variety of products that you may not find at your local dispensary, gas station or grocery store.
The benefit of shopping online is that you can research your CBD products, and ensure that you’re buying from retailers with high-quality standards. Online CBD merchants, like Zebra CBD, often offer safe, effective and trusted products at lower prices than what you might find at your local shop.
Can I Buy CBD at a Dispensary?
Yes, you can buy CBD at a dispensary in Montana. Although, historically, there have been disputes as to whether or not licensed marijuana growers and sellers could sell CBD at their establishments, the Montana Department of Revenue discarded the rule that stated marijuana dispensaries could not carry hemp-derived CBD products in 2021.
You can now find CBD oils, edibles, creams, extracts and more at local dispensaries in Montana.
Legal Status of CBD in Montana
Hemp-derived CBD products have been legal in Montana since 2001. Almost two decades after the passing of SB 261, this state law has been reinforced federally by the 2018 Farm Bill.
In Montana, there are no age restrictions as to who can buy hemp-derived CBD. However, individuals who wish to purchase marijuana-derived CBD with higher concentrations of THC must be over the age of 21 and possess a medical marijuana card.
Legal Disclaimer
The information contained above is provided for education and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information and is not guaranteed to be correct, complete, or current. We recommend checking our sources to see if the information or legal status has been revised since our content was published.
FAQ
1. Is CBD legal in Montana?
Yes, CBD in Montana is readily available. You can buy CBD at your local dispensary, grocery store, gas station or other storefronts that offer CBD products. If you’re looking for reputable retailers, you can also purchase your CBD products online.
2. How old do you have to be to buy CBD in Montana?
There are no age restrictions to purchasing hemp-derived CBD in Montana. Individuals of any age can buy these products. Although CBD with THC levels higher than 0.3% can only be purchased by those who are 21 years of age or older in accordance with marijuana purchasing laws.
3. Can I sell CBD products in Montana?
Yes, you can sell CBD in Montana. In 2021, the Montana Department of Revenue allowed marijuana dispensaries to carry hemp-derived and marijuana-derived CBD products.
Sources:
Department of Public Health and Human Services. Industrial Hemp and Cannabidiol Policy for Foods. https://agr.mt.gov/_docs/industrialhemp-docs/Industrial-Hemp--Cannabidiol-Policy-For-Foods-by-MT-Dept.-Health--Human-Services.pdf
Montana Free Press. Dispensaries Scramble to Adjust to Unanticipated CBD Ban. https://montanafreepress.org/2021/11/01/dispensaries-scramble-to-adjust-to-unanticipated-cbd-ban/
Cannabis Control Division of Montana. Cannabis Control Division Frequently Asked Questions. https://mtrevenue.gov/cannabis/faqs/
DPHHS. Industrial Hemp and Cannabidiol Policy for Foods. https://agr.mt.gov/_docs/industrialhemp-docs/Industrial-Hemp--Cannabidiol-Policy-For-Foods-by-MT-Dept.-Health--Human-Services.pdf
Montana Department of Agriculture. State of Montana Hemp Program. https://agr.mt.gov/Hemp
