Everything you need to know about legal marijuana in Montana

In the midst of a global pandemic, deadly fires, and chaotic political climate, the year 2020 is unlikely to be remembered fondly by most people. Thankfully, it is not all doom and gloom for Montana. With the passing of Initiative 190, 2020 has been a banner year for the legalization of recreational marijuana in Montana, making it the 15th state with legal weed for adults. 

When did Montana legalize marijuana?

Back in November of last year, Montana voters approved ballot Initiative 190 (I-190) and Constitutional Amendment 118 (CI-118) which legalized the recreational use of marijuana in Montana for all adults over the age of 21. While I-190 lays the groundwork for legalization and describes the guidelines for marijuana use, CI-118 amends the state constitution to set the minimum age for recreational marijuana use to 21. Both ballot measures were required to pass for recreational use to be allowed, and together these initiatives have paved the way for legal marijuana in Montana. 

However, just because these measures passed, doesn’t mean there aren’t any rules or regulations. Despite Montana’s approval of Initiative 190, the possession and use of marijuana remains illegal in many circumstances, and violating the provisions of I-190 can result in a pretty hefty fine. 

For more information on the fines and penalties for violating I-190, check out: Can I still get fined for legal marijuana in Montana?

Montana Legalization History 

Up until the passing of Initiative 190, recreational cannabis use was illegal in Montana. In 2004, however, Montana voters approved the Medical Marijuana Allowance Act, which legalized cannabis for medical use. Under this act, people suffering from painful and debilitating medical conditions were allowed to use and produce cannabis, so long as they followed all the rules and regulations for medical use. [source]

These regulations included strict definitions for what medical conditions qualified a patient for cannabis use, and allowed patients to either grow their own cannabis or purchase it from a licensed provider.

As of January 1, 2021, cannabis use in Montana is no longer restricted to patients with medical conditions and is now legal to use and possess by those 21 and older. However, Montanans shouldn’t expect to legally purchase cannabis just yet. The provisions in Initiative 190 allowing the recreational sale of cannabis won’t take effect until at least October, and current cannabis dispensaries are still limited to patients with medical conditions. 

Recreational Marijuana: Frequently Asked Questions 

Who can use recreational marijuana?

Although cannabis use is now legal in Montana for any person over the age of 21, both medical and recreational marijuana can only be used on private property and away from public view. This means that smoking or consuming marijuana in public places is still illegal and can result in a large fine. Additionally, I-190 also allows people who are currently on parole, probation, or awaiting trial to use recreational marijuana, but doesn’t prevent employers from enforcing workplace drug policies.

I-190 also allows people serving a sentence for marijuana-related crimes that are now legal to apply for resentencing or expungement of their sentence. 

See also: Resentencing and expungement of old marijuana convictions in Montana.

How much marijuana can I have? 

A person over the age of 21 is allowed to possess up to 1 ounce of marijuana under I-190. However, you are only allowed to possess up to 8 grams or roughly 1/4 ounce of marijuana concentrate. According to the newly implemented laws, marijuana concentrate includes “resin extracted from any part of the marijuana plant.” Possessing more than 1 ounce of marijuana flower or 8 grams of concentrate can result in a fine or even jail time depending on the amount.

Can I grow my own marijuana?

Yes! I-190 lets a person grow up to four marijuana plants so long as they own the private residence where the plants are growing or have written permission from the owner. In addition to owning the residence, people who grow marijuana for personal use must keep the plants in a closed area with a lock and away from public view. 

Can I legally buy marijuana?

Not exactly. While it’s okay to possess and grow your own marijuana, purchasing marijuana from a dispensary will have to wait. Dispensaries and other marijuana providers aren’t allowed to apply for a business license until October, 2021, and marijuana sales for recreational use won’t begin until January, 2022. Additionally, individuals are allowed to grow marijuana for personal use only, and no one is allowed to sell marijuana without a license. Selling marijuana in any amount, except by a licensed provider, remains illegal. 

If marijuana is legal now, can I still get fined for having it?

Yes! Under I-190, penalties for the possession and use of marijuana no longer apply to adults over 21, so long as they don’t violate the initiative’s rules and restrictions. However, possession and use of marijuana remain illegal in many circumstances. For example, transporting marijuana in or out of Montana is still illegal, and having or using marijuana on all federal land including Glacier and Yellowstone National Park is prohibited.

If you’ve been charged for the possession of marijuana in Bozeman or anywhere else in Montana, finding an attorney to represent you is the first step to getting your record clean. Emma Buescher is an experienced attorney who represents clients in Montana who have been charged with possession of marijuana or any other marijuana offense.

This blog post is not legal advice and specific legal advice varies on a case by case basis. Contact a criminal defense attorney for help.