Montana Marijuana Compliance
In Montana, recreational and medicinal marijuana are legal, as long as Montana marijuana compliance guidelines are followed. Adults must be ages 21 or older to consume recreational marijuana. Patients that use medical marijuana must meet certain criteria. However, the law clearly states that employers may drug test their employees for marijuana use in the interest of maintaining a drug-free workplace. They are also not required to accommodate medical marijuana users.
Although marijuana is legal in Montana, marijuana state vs. federal laws often differ, and marijuana remains illegal under federal law. The following answers frequently asked questions that you may have regarding Montana marijuana compliance and recreational marijuana laws.
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This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program.
Montana Marijuana Compliance
Montana Marijuana Laws
Overall Status: Fully Legal
Recreational marijuana laws in Montana have legalized the recreational use of marijuana for state residents ages 21 and older. Medicinal marijuana is also legal for qualifying patients that follow Montana marijuana compliance guidelines.
Medical Marijuana: Legal
Medicinal marijuana is legal in Montana for patients that meet certain criteria and have been diagnosed with specific medical conditions. Home cultivation is also legal for registered medical marijuana cardholders. Registered users may cultivate four mature plants and four seedlings.
Decriminalized: Yes
The state of Montana has decriminalized small possessions of marijuana and adults may possess up to one ounce of marijuana with no penalty.
Recreational Marijuana: Legal
Adults in Montana ages 21 and older can possess and use up to one ounce of marijuana with no penalty. However, marijuana cannot be used in public places in Montana and remains illegal under federal law. Driving under the influence of marijuana is also illegal under Montana marijuana compliance guidelines.
Last updated 1/15/2024
Frequently Asked Questions
Is marijuana legal in Montana?
Yes. Marijuana is legal in Montana for both recreational and medicinal uses. To use recreational marijuana in Montana, the user must be an adult age 21 or older. Medicinal marijuana can be used by patients diagnosed with certain medical conditions that meet specific requirements.
Are there any unique laws about marijuana in Montana?
HB 701 reduced the number of marijuana plants adults can legally grow in Montana. The number of plants adults ages 21 and older may grow was reduced to two from four plants.
In Montana, the possession of between one and two ounces of marijuana with the intent to distribute is a civil infraction. The person may decide on the penalty which is either four hours of community service or a $200 fine.
What is Montana's history with marijuana?
Montana legalized the use of medicinal marijuana in 2004. In 2020, the state legalized the use of recreational marijuana for adults ages 21 and older. As of January 1, 2022, Montana adults may purchase cannabis from licensed retailers.
What is the punishment for possession in Montana?
There is no penalty for the possession of up to one ounce of marijuana in Montana. The possession of up to two ounces of marijuana is a civil infraction punishable by a fine of up to $300 and no jail time.
The possession of more than two ounces of marijuana in Montana is a felony that results in up to five years of incarceration and a fine of up to $45,000.
The possession of more than two ounces of marijuana with the intent to distribute is a felony, resulting in up to 20 years in jail and a fine of up to $50,000. The sale or delivery of marijuana in any amount is a felony in Montana punishable by one year to life in jail and a fine of $50,000.
Drug Tests That Exclude Marijuana
Urine Drug Panels That Do Not Include Marijuana Testing
Some of the popular drug tests that remove THC from the panel of drugs being tested are listed below:
Also try taking a look at our comprehensive list of urine drug panels that exclude marijuana. Drug tests that do not include marijuana testing can be found under the "Exclude Marijuana" section.
Hair Drug Tests That Do Not Include Marijuana Testing
To remove marijuana testing from a hair test, try one of our two popular hair tests:
For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.
Drug Panels That Include Marijuana
Urine Drug Tests That Include THC Testing
If marijuana testing is needed, the below urine drug panels include testing for THC:
For a complete list of urine drug panels that we offer, view our urine drug panels here.
Hair Drug Panels That Include Marijuana Testing
The following are hair drug tests that include testing for THC:
A comprehensive list of the hair drug panels that we offer can be found here.