Medical marijuana is legal in Montana for patients who meet certain criteria. To possess and consume medical marijuana, patients must have a valid medical marijuana card. The state Department of Health and Human Services issues medical marijuana cards.
Registered cardholders may purchase up to 1 ounce of flower per day and up to 5 ounces of flower per month. In addition, patients can only use medical marijuana within their private residences. In public places, it is illegal to consume medical marijuana.
Montana Medical Marijuana Program
You must be a Montana resident and at least 18 years old to apply for a Montana medical marijuana card. A copy of your photo ID, as well as proof of residency and age, will be required. You'll also need documentation from your treating physician confirming that you have a qualifying medical condition. You can submit your application form online or by mail once you have gathered all of the required materials.
You can appoint a designated caregiver—usually one of your legal guardians—to submit your application and pay the application fee on your behalf if you are under the age of 18 or otherwise unable to do so yourself.
If you are granted a medical marijuana card in Montana, you will be able to purchase marijuana from any licensed dispensary in the state. For personal use, you will be able to grow up to four mature plants. It is important to note, however, that all of the requirements for obtaining a card are subject to change, so staying updated on any new regulations that may be implemented is critical.
Montana Public Consumption Laws
Despite the state’s, marijuana legalization, public marijuana use is illegal in the state of Montana for both cardholders and recreational users. In addition, consuming cannabis on federal lands and within national parks can expose you to additional penalties due to the ongoing federal prohibition of cannabis.
You can consume marijuana in your home or other private residences with permission. Check lease or rental terms to verify landlords do not have a formal policy banning marijuana consumption. Public consumption is punished with a $50 fine.
Montana Cannabis DUI Laws
You cannot legally drive under the influence of marijuana in Montana. Law enforcement officers are empowered to stop drivers on suspicion of impaired driving. If they believe a driver is under the influence of cannabis (including medical cannabis), they can transport them to a hospital for blood testing. A 5 ng/ml or higher THC level qualifies as a DUI.
First offenses are punished with one day to six months in prison and a fine between $300 and $1,000. Minimum penalties increase with each subsequent offense.