US State

Cannabis and hemp laws

Montana

Recreational and medical marijuana legal; THCA, delta-8, hemp delta-9, delta-10 and HHC illegal

Adult use
Legal
Medical
Legal
Last reviewed
May 27, 2026

Montana

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Delta-10 THC is classified as a synthetic marijuana product under HB 948 and is barred from all Montana retail channels. Hemp products generally are capped at 0.5 mg total THC per serving and 2 mg per package under HB 49 (2025).

Key law

HB 948 (2023), codified at MCA 16-12-117 (effective May 22, 2023); SB 375 (2025); HB 49 (2025); Cannabis Control Division (Department of Revenue) under MCA Title 16, Chapter 12

Effective

May 22, 2023

Full rules

Delta-8 THC

Illegal

Limits

Delta-8 THC is classified as a synthetic marijuana product under HB 948 and is barred from all Montana retail channels. Hemp products generally are also capped at 0.5 mg total THC per serving and 2 mg per package under HB 49 (2025).

Key law

HB 948 (2023), codified at MCA 16-12-117 (synthetic cannabinoid ban, effective May 22, 2023); SB 375 (2025); HB 49 (2025); Cannabis Control Division (Department of Revenue) under MCA Title 16, Chapter 12

Effective

May 22, 2023

Full rules

Delta-9 THC

Illegal

Limits

SB 375 (2025) prohibits sale of any hemp product containing total delta-9 THC to consumers absent FDA authorization. HB 49 (2025) caps hemp products at 0.5 mg total THC per serving and 2 mg total THC per package.

Key law

SB 375 (2025), effective May 5, 2025; HB 49 (2025), signed April 7, 2025; HB 948 (2023), MCA 16-12-117; MCA Title 80, Chapter 18 (hemp cultivation); Cannabis Control Division (Department of Revenue)

Effective

May 5, 2025

Full rules

HHC

Illegal

Limits

HHC is classified as a synthetic marijuana product under HB 948 and is barred from all Montana retail channels. Hemp products generally are capped at 0.5 mg total THC per serving and 2 mg per package under HB 49 (2025).

Key law

HB 948 (2023), codified at MCA 16-12-117 (effective May 22, 2023); SB 375 (2025); HB 49 (2025); Cannabis Control Division (Department of Revenue) under MCA Title 16, Chapter 12

Effective

May 22, 2023

Full rules

THCA

Illegal

Limits

Hemp products capped at 0.5 mg total THC per serving and 2 mg per package (HB 49, 2025). SB 375 (2025) further bars any hemp product containing total delta-9 THC absent FDA approval. THCA flower decarboxylates to THC and is treated as marijuana.

Key law

HB 948 (2023), codified at MCA 16-12-117; SB 375 (2025); HB 49 (2025); MCA Title 80, Chapter 18 (hemp cultivation); Cannabis Control Division (Dept. of Revenue) for retail; Dept. of Agriculture for cultivation

Effective

May 22, 2023

Full rules

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Montana

Latest news and analysis

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Montana's 2025 Hemp Clampdown: HB 49's 0.5 mg/Serving Limit and the Future of THC Drinks

Montana HB 49, signed April 7, 2025, caps hemp products at 0.5 mg delta-9 THC per serving and 2 mg per package, effectively ending intoxicating hemp sales.

Montana's 2025 Hemp Clampdown: HB 49's 0.5 mg/Serving Limit and the Future of THC Drinks

Montana HB 49, signed April 7, 2025, caps hemp products at 0.5 mg delta-9 THC per serving and 2 mg per package, effectively ending intoxicating hemp sales.

FAQ

Common questions

Is marijuana legal in Montana?

Recreational marijuana is legal in Montana. Medical marijuana is legal.

Is THCA legal in Montana?

No at hemp retail. THCA flower is treated as marijuana in Montana once heated, and the state's intoxicating-hemp framework leaves no retail lane for it outside the licensed adult-use dispensary system.

Is delta-8 THC legal in Montana?

No. Montana classifies delta-8 THC as a synthetic marijuana product and bans its manufacture, sale, and distribution. Smoke shops, gas stations, CBD stores, and licensed dispensaries cannot lawfully sell delta-8 in Montana.

Is hemp-derived delta-9 THC legal in Montana?

No at hemp retail. Since May 5, 2025, Montana has barred consumer sales of any hemp product containing total delta-9 THC unless authorized by the FDA as a food or drug.

This is general information, not legal advice.

Seed Legality

Licensed dispensaries sell seeds and seedlings; adults may gift within 1 oz and grow 2 mature plants plus 2 seedlings.
Hemp seeds
Legal
Marijuana seeds
Legal
Sale
Restricted
Transacting
Legal
Gifting
Legal

MCA 16-12-102 defines marijuana to include germinable seeds, and MCA 16-12-106 lets adults 21+ possess and purchase up to 1 oz, cultivate 2 mature plants and 2 seedlings per person (4/4 per household), and transfer up to 1 oz without consideration to another adult — covering seed gifting. Retail seed and seedling sales run exclusively through dispensaries licensed by the Department of Revenue's Cannabis Control Division under ARM Title 42, ch. 39 with Metrc tracking; the 2025 session (SB 27 license moratorium, SB 74 tax changes) left home-grow and seed rules untouched. Hemp seed is lawful, with cultivation licensed by the Montana Department of Agriculture under MCA Title 80, ch. 18.

Key law:
MCA 16-12-106; MCA 16-12-102; MCA Title 80, ch. 18; ARM 42.39
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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