Montana Medical Marijuana Laws & Regulations 2026

Montana Cannabis Laws: Complete Guide 2026

Montana has one of the longest-running medical marijuana programs in the nation, established through Initiative 148 in 2004. Recreational cannabis was legalized through Initiative I-190, with sales beginning January 1, 2022. The program is administered by the Cannabis and Alcohol Regulation Division (CARD) within the Montana Department of Revenue.

Is Marijuana Legal in Montana?

Both medical and recreational marijuana are legal:

• Medical Cannabis: Legal since November 2, 2004 (Initiative 148)
• Recreational Cannabis: Legal since January 1, 2022 (Initiative I-190, codified as MCA Title 16, Chapter 12)
• First Recreational Sales: January 1, 2022
• Home Cultivation: Permitted (limits vary by card status)

Key Legislation

Regulatory Agencies

Cannabis and Alcohol Regulation Division (CARD)

• Medical and recreational cannabis regulation
• Part of Montana Department of Revenue
• Website: revenue.mt.gov/card/cannabis
• Phone: (406) 444-0596
• Email: DORCCD@mt.gov

Qualifying Medical Conditions

Under MCA 16-12-102, the following 13 conditions qualify for medical marijuana:

1. Cancer
2. Glaucoma
3. HIV/AIDS
4. Cachexia or Wasting Syndrome
5. Severe Chronic Pain
6. Intractable Nausea or Vomiting
7. Epilepsy or Intractable Seizure Disorder
8. Multiple Sclerosis
9. Crohn's Disease
10. Painful Peripheral Neuropathy
11. CNS Disorder Resulting in Chronic Painful Spasticity or Muscle Spasms
12. Post-Traumatic Stress Disorder (PTSD)
13. Admittance into Hospice Care

Note: Montana does NOT accept petitions to add new qualifying conditions.

Possession Limits

Home Cultivation

Medical Patients:

• 4 mature plants + 4 seedlings per cardholder
• Two cardholders in one residence: 8 mature + 8 seedlings max
• Must not be visible from public areas
• Property owner permission required if renting

Recreational Adults (21+):

• 2 mature plants + 2 seedlings per person
• Two adults in one residence: 4 mature + 4 seedlings max
• Same visibility and property rules apply

Taxation

Medical Marijuana:

• 4% state excise tax (only tax — no additional sales tax on medical)

Recreational Marijuana:

• 20% state excise tax (only tax — no additional sales tax on recreational)

Tax Savings for Medical Patients: 16% per purchase. A patient spending $200/month saves approximately $384/year.

Tax Revenue Distribution:

• Conservation programs and state parks
• General fund
• Substance abuse treatment
• Veterans' services
• Local governments

Green Counties vs Red Counties

Montana uses a unique county-by-county opt-in system based on how counties voted on I-190:

• "Green" Counties (voted YES on I-190): Both medical and recreational dispensaries operate
• "Red" Counties (voted NO on I-190): Only medical dispensaries allowed; recreational sales prohibited

This means medical cardholders have access to dispensaries in ALL counties, while recreational consumers are limited to green counties only.

Patient Registration

Requirements:

• Montana resident with valid state ID, tribal ID, or other approved residency proof
• Physician statement from a licensed MT MD or DO (dated within 60 days)
• Complete application via TAP Portal
• Pay $20 state fee
• Temporary card available immediately; permanent card mailed in ~30 days

Card Validity: 1 year from approval

Caregiver/Designated Provider Requirements

Montana uses a "designated purchaser" model rather than a traditional caregiver model:

• Must be at least 18 years old
• Must register with CARD
• Assist cardholders who cannot obtain cannabis themselves
• Background check may be required
• Cannot be a registered cardholder for the same patient and provider

Dispensary Licensing

Montana has a robust dispensary network:

Penalties for Violations

Without a Medical Card or Recreational Exception:

With a Medical Marijuana Card:

Driving Under the Influence

Driving under the influence of cannabis is prohibited regardless of medical patient status.

Montana has a per se DUI limit: 5 ng/mL THC in blood (MCA 61-8-1002).

This is important for medical patients who may have elevated baseline THC levels. Montana does NOT provide exemptions for cardholders.

DUI Penalties:

• 1st offense: 24 hours to 6 months jail, $600-$1,000 fine, 6-month license suspension
• 2nd offense (within 10 years): 7 days to 1 year jail, $1,200-$2,000 fine, 1-year suspension
• 3rd offense: 30 days to 1 year jail, $2,500-$5,000 fine, 1-year suspension
• 4th+ offense: Felony, 13 months to 5 years state prison

Employment Rights

Montana provides employment protections for lawful cannabis users (MCA 39-2-313):

• Employers cannot refuse to hire or terminate solely based on lawful off-duty cannabis use
• Employers can maintain drug-free workplace policies for safety-sensitive positions
• Employers can take action for on-duty impairment
• Federal contractors and safety-sensitive positions may be exempt
• Does NOT apply to positions where federal law mandates drug testing (DOT, etc.)

This is one of Montana's strongest patient protections and a significant advantage of the state's cannabis laws.

Telehealth Evaluations

Montana permits telehealth evaluations for medical marijuana certifications:

• Video consultations permitted (MCA 16-12-502, 16-12-509)
• Audio-only phone calls are restricted for initial certifications
• Must use Montana-licensed MD or DO
• Patient must be physically located in Montana during evaluation

Recent Legislative Developments (2025-2026)

Montana's cannabis program continues to evolve:

• 2025 Legislative Updates: Various bills adjusting program rules and tax allocation
• County Opt-In: Some previously "red" counties exploring opt-in votes
• Program Growth: Medical and recreational programs both expanding

For the latest legislative updates, visit CARD's 2025 Legislative Updates page.

Program Statistics

As of 2026:

• ~12,000+ active medical marijuana cardholders
• 557 dispensary sites operated by 201 licensees
• 16% tax differential between medical and recreational
• Program operational since 2004 (one of the earliest in the nation)

Key Resources

• CARD Main Page: revenue.mt.gov/card/cannabis
• TAP Application Portal: tap.dor.mt.gov
• Cardholder Information: revenue.mt.gov/cannabis/cardholder-information
• Licensed Dispensary List (PDF): Licensed Dispensary List
• FAQs & County Map: revenue.mt.gov/card/cannabis/faqs
• MCA Title 16, Chapter 12: Montana Code Annotated
• Contact CARD: (406) 444-0596 / DORCCD@mt.gov

Timeline of Marijuana in Montana

This information reflects Montana cannabis laws as of February 2026. Always consult official state sources and legal counsel for the most current requirements.