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Montana Marijuana Laws

In order to lawfully use medical Marijuana in Montana, you must hold a current "registry identification card" issued by the State of Montana. If you're not authorized to use medical marijuana, your use of marijuana within Montana may be looked upon as criminal activity.

Initiative 148(76 KB) -- Approved by 62% of voters on Nov. 2, 2004
Effective: Nov. 2, 2004

Possession/Cultivation: A qualifying patient and a qualifying patient's caregiver may each possess six marijuana plants and one ounce of usable marijuana. "Usable marijuana" means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana.

Amended: SB 423(100 KB) -- Passed on Apr. 28, 2011 and transmitted to the Governor on May 3, 2011
Effective: July 1, 2011

Possession/Cultivation: Amended to 12 seedlings (less than 12"), four mature flowering plants, and one ounce of usable marijuana.

On Nov. 6, 2012, Montana voters approved initiative referendum No. 124 by a vote of 56.5% to 43.5%, upholding SB 423.

Medical Marijuana Program
Montana Department of Health and Human Services
Licensure Bureau
2401 Colonial Drive, 2nd Floor
P.O. Box 202953
Helena, MT 59620-2953
Phone: 406-444-0596

jbuska@mt.gov


Website:
MT Medical Marijuana Program

Medical Marijuana Program FAQs(35 KB)

Patient Registry Fee:
$75 new application/$75 renewal

Accepts other states' registry ID cards?
No (reciprocity ended when SB 423 took effect)

Registration:
Mandatory

Statutes

Montana Code Section 45-9-101 (criminal distribution of dangerous drugs)

Montana Code Section 50-32-101 (marijuana definitions)

Montana Code Section 50-46-301 (medical marijuana)

Possession

First conviction. Penalties include a fine of between $100 and $500, and up to six months in jail.

Second or subsequent conviction. Penalties include a fine of up to $1,000 and up to three years in prison.

Sale

A fine of up to $50,000, imprisoned for between one (1) year and life imprisonment, or both. Selling to a minor may incur an additional $50,000 fine, at least two (2) years in prison, or both.

Manufacture

Up to one (1) pound or 30 plants. Penalties include a fine of up to $5,000, up to 10 years in prison, or both.

More than one (1) pound or 30 plants. Penalties include a fine of up to $50,000, and between two (2) years and life imprisonment.

Second and subsequent convictions. Penalties include a fine of up to $100,000, and twice the applicable prison sentence imposed for a first offense for the amount possessed.



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