Montana Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Montana. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALMontana permits hemp-derived CBD products with less than 0.3% Delta-9 THC under the Montana Industrial Hemp Program (Mont. Code Ann. § 80-18-101 et seq.). The state requires registration and testing of hemp products.
Possession
Possession of hemp-derived CBD products with less than 0.3% THC is legal.
Sale
Sale is legal if products are registered and tested according to Montana Department of Agriculture rules.
Penalties
N/A
Age Restriction
None
Delta-8 THC
RESTRICTEDMontana law restricts Delta-8 THC under the Montana Controlled Substances Act, which classifies synthetic cannabinoids as controlled substances. Delta-8 derived through chemical conversion is illegal, but naturally derived hemp Delta-8 under 0.3% Delta-9 THC is permitted.
Possession
Legal if naturally derived from hemp with less than 0.3% Delta-9 THC; illegal if synthesized.
Retail Sale
Sale of synthetic Delta-8 THC is prohibited; sale of hemp-derived Delta-8 compliant with state law is allowed.
Penalties
Violations can result in misdemeanor or felony charges under Montana Code Annotated §45-9-101.
Age Restriction
21+
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Montana under the 2018 Farm Bill. House Bill 948 (2023) established the current strict THC limits for hemp products sold outside of licensed dispensaries, and House Bill 49 (2025) further clarified these regulations, sol...
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in Montana. for adults 18 and older but is banned for sale to minors under Montana Code Annotated § 45-5-625. The law prohibits sale or distribution to persons under 18.
Possession
Legal for adults 18 and older; possession by minors prohibited.
Sale
Sale restricted to persons 18 and older; illegal to sell to minors.
Penalties
Violations may result in misdemeanor charges with fines under MCA § 45-5-625.
Age Restriction
18+
Psilocybin / Magic Mushrooms
UNVERIFIEDLegal status of Psilocybin / Magic Mushrooms in Montana has not yet been verified. In 2023, a bill to legalize psilocybin for therapeutic use was defeated in the legislature.
Possession
Unverified
Distribution
Unverified
Penalties
Unverified
Age Restriction
Unverified
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in Montana. No significant legislative changes since 2023.
Personal Possession
Adults 21+ may possess up to 1 oz of flower. Home cultivation of up to 2 mature and 2 seedling plants per person is allowed.
Retail Purchase
Legal through licensed dispensaries. Local jurisdictions may opt out of allowing retail sales.
Penalties
Possessing over 1 oz but under 2 oz is a misdemeanor ($200 fine). Over 2 oz carries increasing penalties. DUI is a misdemeanor.
Age Restriction
21+
Salvia
RESTRICTEDSalvia divinorum is not a controlled substance in Montana and is legal to possess, sell, and use. No significant legislative changes.
Possession
Legal. Salvia divinorum is not a controlled substance in Montana. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in Montana. No special licensing required.
Penalties
N/A
Age Restriction
None