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Reviewed Sep 2026Adult-use legal

Cannabis in Montana

Montana cannabis laws: adults 21+ may buy and carry 1 oz, 8 g concentrate or 800 mg edibles. 20% adult-use tax; county opt-outs; no use on federal land.

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The rules

Key rules in Montana

Plain-language summary. The regulator is Montana Department of Revenue — Cannabis Control Division.

  • Minimum age

    21 for purchase and possession

  • Purchase and possession

    1 oz flower, 8 g concentrate or 800 mg THC in infused products per transaction

  • Home grow

    2 mature + 2 seedlings per adult; max 4 + 4 per residence; registered cardholders 4 + 4 (MCA 16-12-106)

  • Taxes

    20% adult-use, 4% medical; counties may add up to 3%; taxed on the retail price after discounts since Oct 1, 2025

  • Public use

    Smoking in a public place is a civil violation with a fine up to $50

  • Local rules

    "Red" counties that rejected I-190 bar recreational sales unless voters opt in

  • Licensing

    SB 27 (2025) freezes new licenses and premises until July 1, 2027

  • Edibles

    From July 1, 2026: max 100 mg THC per package, 5 mg per serving (HB 636)

  • Federal land

    No cannabis in Glacier or Yellowstone national parks, national forests, BLM land or military sites

Summary, not legal advice — rules change; check local law. Last reviewed Sep 2026.

How it works

How cannabis is sold in Montana

Yes: adults 21 and older can legally buy and possess cannabis in Montana. Voters approved Initiative 190 in 2020, the Legislature wrote the rules in HB 701 (2021), and licensed dispensaries began adult-use sales on January 1, 2022. The Department of Revenue's Cannabis Control Division licenses every business and collects the tax. Sales are running at about $27 million a month: dispensaries sold $134.1 million from January through May 2026, with $120.4 million of that adult-use, according to the department's figures as reported by the Marijuana Herald.

A customer may buy and possess up to one ounce of flower, 8 grams of concentrate or 800 milligrams of THC in infused products. Adults may keep two mature plants and two seedlings at a private residence, with a household maximum of four of each under MCA 16-12-106, and registered patients may grow four and four. Anything above an ounce must be locked away, and plants must be out of sight from a public place. Adult-use sales carry a 20% state tax and medical sales 4%, and counties can add up to 3%.

Local choice matters. Counties that voted against I-190 in 2020 stay closed to recreational sales unless their voters opt in, so a "red" county can sit next to a "green" one with a shop. Senate Bill 27 (2025) froze the market footprint: no new licenses or premises until July 1, 2027, apart from those tied to existing sites. House Bill 636 caps infused products at 100 mg of THC per package and 5 mg per serving from July 1, 2026.

Public use is a civil violation with a fine of up to $50, and federal land, which includes Glacier and Yellowstone national parks, national forests and BLM land, is off limits. Crossing into Canada, Idaho, Wyoming or the Dakotas with cannabis is a federal offense, and tribal lands follow their own law. The state's tribal compact bill, HB 952, was vetoed in 2025. Check a dispensary against the Department of Revenue's records before you buy. This page is general information, not legal advice.

Cannabis in Montana: questions

How much weed can you buy in Montana?

An adult may buy and possess up to one ounce of flower, 8 grams of concentrate or 800 milligrams of THC in infused products per transaction. Anything above an ounce at home must be kept in a locked space.

What is the cannabis tax in Montana?

Adult-use cannabis is taxed at 20% and medical cannabis at 4%, and counties may add up to 3%. Since October 1, 2025 the state tax is based on the retail price after discounts and promotions.

Can tourists buy weed in Montana?

Yes, adults 21 and older with valid government photo ID may buy at licensed dispensaries in counties that allow recreational sales. Using it is limited to private property, and it cannot go into national parks or across state or national borders.

Are new Montana dispensaries opening in 2026?

Not new ones. Senate Bill 27 extends the moratorium on new marijuana business licenses and premises until July 1, 2027, when the Department of Revenue starts accepting applications for new businesses and premises again.

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