Is marijuana legal in Montana?
Yes. As of 2026, marijuana (weed) is legal in Montana for adults 21 and older, who can buy it at licensed dispensaries and grow a small number of plants at home. Medical marijuana is also legal.
Status checked November 4, 2026
Contents
Marijuana laws in Montana
Montana voters legalized adult-use marijuana by passing Initiative 190 on November 3, 2020. Personal possession and cultivation took effect January 1, 2021, and are now codified in Title 16, Chapter 12. Medical marijuana has been legal since voters approved Initiative 148 in 2004.
Adults 21 and older, and registered cardholders, may possess, buy, use or transport 1 ounce or less of usable marijuana, with no more than 8 grams in concentrated form and no more than 800 milligrams of THC in solid edible products. They may give the same amount, without payment, to another adult or cardholder. At a private residence they may grow up to two mature plants and two seedlings, or four mature plants and four seedlings if they are a registered cardholder. No more than twice that number of plants may be at one residence. Extra marijuana over 1 ounce must be kept in a locked space and not visible from a public place. The grower must own the residence or have the owner’s written permission.
Licensed dispensaries sell to adults 21 and older. Smoking marijuana in a public place, other than an area licensed by the department, is a civil fine of up to $50.
Employers are not required to allow marijuana at work. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Montana State Capitol Building And statehouse Helena MT US. 07.06.26 Photo: Adobe Stock (editorial use only).
What the law says
Legal
- possessing, purchasing, obtaining, using, ingesting, inhaling, or transporting 1 ounce or less of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid form
- in or on the grounds of a private residence, possessing, planting, or cultivating up to two mature marijuana plants and two seedlings, or four mature marijuana plants and four seedlings for a registered cardholder
Not legal
- A person who smokes marijuana in a public place, other than in an area licensed for that activity by the department, is subject to a civil fine not exceeding $50.
- A person who cultivates marijuana plants that are visible by normal, unaided vision from a public place in violation of subsection (1)(c)(i) is subject to a civil fine not exceeding $250 and forfeiture of the marijuana.
- A person who cultivates marijuana plants or stores marijuana outside of a locked space is subject to a civil fine not exceeding $250 and forfeiture of the marijuana.
Quoted from Montana Code Annotated §16-12-106.
How old do you have to be to use marijuana in Montana?
You have to be 21 to buy weed in Montana for adult use. Section 16-12-106 makes possession, purchase, use and home cultivation lawful for a person who is 21 years of age or older, or a registered medical cardholder. Licensed dispensaries sell adult-use marijuana only to adults 21 and older who show a valid ID. Medical marijuana remains available to younger qualifying patients through a registered cardholder and provider.
How much marijuana can you have in Montana?
Adults 21 and older in Montana can have up to 1 ounce of usable marijuana, with no more than 8 grams in concentrated form and no more than 800 milligrams of THC in solid edible products. You can also give that amount, without payment, to another adult or registered cardholder. At home, marijuana from your plants that exceeds 1 ounce must be kept in a locked space at one private residence and may not be visible from a public place. The same 1-ounce cap applies when you carry marijuana, including in a car.
Where can you buy marijuana in Montana?
You can buy weed in Montana at licensed marijuana dispensaries. Adults 21 and older need a valid ID. Medical cardholders can buy through the medical program. Some local governments have limited retailers, so what is nearby depends on where you are. Buying from an unlicensed seller is not legal.
Can you grow marijuana at home in Montana?
Yes. Adults 21 and older in Montana can grow up to two mature marijuana plants and two seedlings at a private residence. Registered medical cardholders may grow up to four mature plants and four seedlings. No more than twice the number of plants allowed for one person may be grown at a single residence. Plants and extra marijuana over 1 ounce must be locked and not visible from a public place, and you must own the residence or have the owner's written permission. Visible plants or unlocked storage can mean a civil fine of up to $250 and forfeiture.
Where can you use marijuana in Montana?
You can smoke weed in Montana on private property. Smoking marijuana in a public place, other than an area licensed for that activity by the department, is a civil offense with a fine of up to $50. Property owners can set their own rules. Using marijuana while driving is not protected.
How do you get a medical marijuana card in Montana?
To get a medical marijuana card in Montana, you apply to the state for a registered cardholder listing after a medical provider certifies a debilitating medical condition. Cardholders have the medical program's purchase privileges and may grow four mature plants and four seedlings instead of the adult two-and-two limit. Minors need a parent or guardian to participate. The medical program continues alongside adult use.
Can visitors buy or use marijuana in Montana?
Yes. Out-of-state visitors can buy marijuana in Montana if they are 21 or older. Section 16-12-106 makes possession and purchase lawful for a person 21 or older and does not require Montana residency. Visitors follow the same 1-ounce limit and public-smoking rules as residents. Taking marijuana out of Montana across state lines remains illegal under federal law.
What are the rules on driving and marijuana in Montana?
No, you can't drive high in Montana. The personal-use statute's protections are subject to the limitations in section 16-12-108, and impaired driving is not a lawful act under the adult-use chapter. Montana's DUI laws still apply to driving under the influence of marijuana, including for medical cardholders. Possessing a legal amount in the car is not a defense to impaired driving.
Can an employer in Montana fire you for using marijuana?
Yes, you can get fired for using marijuana in Montana. The adult-use laws do not require employers to allow marijuana at work or block drug-free workplace policies. Employers may still prohibit possession, use and impairment on the job, including for registered medical cardholders.
What are the penalties for breaking marijuana laws in Montana?
In Montana, adults 21 and older who stay within the 1-ounce limit and the home-grow rules are engaging in lawful personal use. Smoking in public outside a licensed area is a civil fine of up to $50. Growing plants that are visible from a public place, or storing plants or marijuana outside a locked space, is a civil fine of up to $250 plus forfeiture. Possessing or selling more than the legal limits can bring criminal charges. For someone under 21 who is not a cardholder, possession and use remain unlawful.
Are CBD, hemp and delta-8 products legal in Montana?
CBD from lawful hemp can be sold when it meets Montana's hemp definition. Delta-8, THCA flower and other intoxicating products that do not meet that definition are treated as marijuana and belong in the licensed market. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Montana?
Yes. Federal law still applies in Montana. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Montana changed recently, or is it about to?
Montana's adult-use personal possession and cultivation rules in section 16-12-106 have been in effect since January 1, 2021, and remain the core limits in 2026: 1 ounce, 8 grams of concentrate, 800 milligrams of edible THC, and two mature plants plus two seedlings for most adults. New federal hemp limits take effect November 12 and December 11, 2026.
Legislation
Sources (5)
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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