Montana
Snapshot (structured)
- Adult-use cannabis
- Legal. Approved by voters via I-190 in 2020, retail sales began January 1, 2022. Adults 21+ may possess up to 1 ounce. MPP, MT DOR Cannabis FAQ
- Medical cannabis
- Legal (longstanding program; medical cards remain available, taxed at 4 percent versus 20 percent adult-use). MT DOR, Marijuana Herald
- Home grow
- Allowed. Adults 21+ may grow up to 2 mature plants and 2 seedlings per person (household caps apply). MPP
- Intoxicating hemp / hemp THC
- Heavily restricted. 2025 laws (HB 49, plus a measure barring non-FDA-approved hemp THC products) effectively bar most intoxicating hemp edibles, beverages, and gummies; intoxicating cannabinoids must come through the licensed cannabis channel. Cannabis Regulations AI on HB 49, BD Logistics
- Psychedelics
- Illegal. No decriminalization or therapeutic-access law. A therapeutic psilocybin bill (HB 955) was defeated in 2023. Marijuana Moment
- Broad decriminalization
- No broad drug decriminalization. Cannabis is legalized and regulated, not merely decriminalized.
- Harm reduction
- Naloxone distribution via DPHHS; fentanyl test strips legalized in 2023 (HB 437); state-funded wellness kiosks dispensing naloxone and test strips. DPHHS Naloxone, Gov. press release
- Governor (party)
- Greg Gianforte (Republican). Ballotpedia
- Legislature control
- Republican trifecta; Republicans hold both chambers. Ballotpedia
- Citizen ballot initiatives allowed
- Yes. Initiated statutes, initiated constitutional amendments, and veto referendums are permitted. Ballotpedia 2026 measures
- Enclosure pressure score
- 4/5
Cannabis
Adult-use cannabis became legal through ballot initiative I-190, approved by voters in November 2020, with licensed retail sales beginning January 1, 2022. Adults 21 and older may possess up to 1 ounce of cannabis (or equivalent) and may grow up to 2 mature plants and 2 seedlings per person for personal use. Public consumption is prohibited. Adult-use retail sales are permitted only in counties that have opted in. MPP, MT DOR Cannabis FAQ
Montana retains a separate medical cannabis program. Medical cannabis is taxed at 4 percent while adult-use is taxed at 20 percent statewide. Marijuana Herald
Market structure: Montana's market originated from a vertically integrated medical program and retains strong vertical integration. The defining 2025 development is SB 27, the "Freeze the Footprint" law, signed by Gov. Gianforte (reported sign date May 5, 2025; effective July 1, 2025). It extends a moratorium on new cannabis facility licenses (dispensary, cultivator, manufacturer) through June 30, 2027, blocking new entrants while allowing existing licensees to transfer or modify premises. MTBowl, MT DOR 2025 Updates, LegiScan SB27
Reporting indicates very high dispensary density (one analysis cited roughly 49 dispensaries per 100,000 residents and an adult-use storefront count far exceeding medical-only locations). Exact counts vary by source and date; treat density figures as approximate. DankReports
Key 2025-2026 actions: HB 932 redirected marijuana tax revenue toward a "habitat legacy account" for conservation. HB 636 (signed May 8, 2025; effective July 1, 2026) reduced the maximum single-serving potency for ingestible marijuana products from 10 mg to 5 mg THC, with package caps. MFP tax revenues, Legalization Profiles / rulemaking
Hemp
Montana takes one of the most restrictive postures in the country toward intoxicating hemp. A 2023 law prohibited synthetic cannabinoids, covering delta-8, delta-10, and similar converted hemp-derived THC analogues, and the state applies a total-THC standard. In 2025 the legislature tightened further: HB 49 (signed April 7, 2025) caps hemp products at very low THC thresholds reported as roughly 0.5 mg delta-9 THC per serving and about 2 mg per package, limits stringent enough to remove most intoxicating hemp beverages, gummies, and edibles from the legal market. A separate 2025 measure bars the sale of hemp products containing any detectable THC unless FDA-approved. The practical effect is that any intoxicating THC product must move through the licensed cannabis channel, not the hemp channel. Cannabis Regulations AI on HB 49, BD Logistics, Highly Concentr8ed
Federal exposure and the November 12, 2026 deadline: Congress redefined hemp in late 2025 to measure total THC (counting THCA, delta-8, and delta-9 toward the 0.3 percent threshold) and to impose a strict per-container total-THC limit, with a one-year transition. The new federal rules take effect November 12, 2026, after which most intoxicating hemp-derived THC products become federally illegal. Because Montana has already largely foreclosed the intoxicating hemp market at the state level, the federal change reinforces existing state policy rather than reversing a permissive regime; the main local effect is on any remaining low-THC hemp consumables and on cross-border products. Vicente LLP, Saul Ewing, Regulatory Oversight
Psychedelics
Psychedelics remain illegal in Montana. There is no decriminalization and no therapeutic-access program for psilocybin, MDMA, or other substances. In 2023, HB 955 would have legalized therapeutic psilocybin for conditions including PTSD, anxiety, depression, and substance use disorders, and would have established a licensing framework for treatment centers and facilitators; it was defeated in committee (reported 9-12 vote). No psychedelic reform has been enacted as of 2026, and because Montana's legislature does not hold a regular session in 2026 (see below), no new state psychedelics bills are moving this year. A renewed effort, if any, would be expected in the 2027 session; this is unconfirmed. Marijuana Moment, BillTrack50 HB955, MindMedicine Law
Broader drug policy
Decriminalization: Montana has not enacted broad drug decriminalization. Cannabis is legalized and regulated; other controlled substances remain criminalized.
Harm reduction: Naloxone is distributed through the Department of Public Health and Human Services (DPHHS), with local organizations able to request units monthly. Fentanyl test strips were legalized by HB 437 in the 2023 session, which amended the drug-paraphernalia definition to exclude fentanyl test strips. In 2024, Gov. Gianforte announced funding to install wellness kiosks across the state to dispense naloxone and fentanyl test strips. Syringe services: specific statewide syringe-services-program authorization is not clearly documented in current sources; harm-reduction distribution networks operate in the state, but the legal status of syringe exchange is unconfirmed here. DPHHS Naloxone, KTVQ on test-strip bill, Gov. press release, NEXT Distro Montana
Overdose and treatment policy: The first roughly $6 million of marijuana tax revenue annually is directed to the HEART Fund for behavioral health and substance use treatment, a recurring funding stream for the state's treatment infrastructure. MFP tax revenues, MFP where the money goes
Sentencing and expungement: see Equity and expungement below.
Political landscape
Governor: Greg Gianforte (Republican), in office since January 2021. Ballotpedia
Legislature: Republican trifecta. In the 69th Legislature (2025), Republicans controlled both chambers. Reported leadership: Senate President Matt Regier (R) and Speaker of the House Brandon Ler (R). Ballotpedia party control, Wikipedia 69th Legislature
Key committees: The Economic Affairs Interim Committee (EAIC) provides interim oversight of the Department of Revenue's Cannabis Control Division and works through rulemaking interpretation; the Revenue Interim Committee also has oversight roles. These interim committees are where 2026 cannabis policy work is happening absent a regular session. Montana Legislature EAIC marijuana, Legalization Profiles
Reform champions and opponents: Gov. Gianforte has acted as a brake on cannabis expansion, vetoing the tribal-compact bill (HB 952) and the "cops and conservation" reallocation (SB 537) in 2025. Named legislative champions and opponents on specific bills are unconfirmed in current sources; verify sponsor and committee positions on LegiScan and the MFP Capitol Tracker rather than relying on inference. MFP veto coverage, Marijuana Moment tribal veto
Ballot initiatives
Montana allows citizen-initiated ballot measures: initiated statutes, initiated constitutional amendments, and veto referendums. For a 2026 initiated constitutional amendment, proponents need valid signatures equal to 10 percent of votes cast in the last gubernatorial election (reported as 60,241 for 2026), with a distribution requirement across legislative districts; the signature submission deadline to county clerks is reported as June 19, 2026. Notably, this is the path I-190 used to legalize cannabis in 2020. Ballotpedia 2026 measures, SOS proposed 2026 issues
As of this brief, the prominent 2026 citizen measures concern nonpartisan judicial elections, campaign finance, and supermajority requirements for constitutional initiatives. No cannabis, psychedelic, or broad drug-policy citizen initiative is confirmed on the 2026 ballot. A 2026 proposed constitutional amendment to protect the initiative process itself is being pursued, which is relevant context for future drug-policy ballot efforts. Ballotpedia 2026 measures, Daily Montanan
Equity and expungement
Montana's adult-use legalization (I-190 / HB 701 implementation) included a pathway for people with prior marijuana convictions to petition for expungement, resentencing, or redesignation of an offense as a civil infraction where the conduct is now lawful or a civil matter. The process is petition-based, not automatic: a person files in the court of original jurisdiction, and county attorneys may respond before a judge rules. The state Judicial Branch created resources and, at one point, a dedicated process to help process marijuana-related expungements. MFP expungement guidelines, NORML on Montana expungement court, CCRC Montana profile
Limitations: Because relief is petition-based rather than automatic, uptake depends on individuals navigating the courts. General misdemeanor expungement requires a 5-year conviction-free period and full payment of fines and completion of sentence conditions, and a person may expunge a record only once in a lifetime; felony expungement is generally unavailable except for certain marijuana-related felonies. Montana's licensing framework does not feature a dedicated social-equity license tier comparable to some other states, and the SB 27 license freeze further limits new entry generally; no targeted equity carve-out is documented in current sources. Montana LawHelp, CCRC Montana profile
Market and barriers
Tax: Adult-use cannabis is taxed at 20 percent statewide; medical cannabis at 4 percent. Counties and cities may impose a local-option tax of up to 3 percent. Marijuana Herald, Cannabis CPA Tax guide
Revenue and sales: The state collected roughly $60 million in marijuana tax revenue in 2025. Through the first two months of 2026, reported sales were about $52.1 million, generating nearly $10 million in taxes. The first roughly $6 million of annual tax revenue goes to the HEART Fund; the remainder is split among conservation, parks, and other programs (allocation revised by HB 932 in 2025). Marijuana Herald 2026, MFP where the money goes
License caps and entry barriers: The dominant structural barrier is SB 27's moratorium on new facility licenses (dispensary, cultivator, manufacturer) through June 30, 2027. New entrants cannot obtain new facility licenses during this window; the market is effectively closed to newcomers and consolidating among incumbents who can buy, sell, or modify premises. MTBowl, MT DOR 2025 Updates
Approximate licensee count: One market analysis cited roughly 49 dispensaries per 100,000 residents and several hundred adult-use storefronts statewide; precise current licensee counts should be confirmed via the Cannabis Control Division. Exact license fees, capital requirements, and any residency requirements are not fully captured in current sources and should be verified directly with the Department of Revenue; treat as unconfirmed here. DankReports, MT DOR Cannabis
Enclosure read
Montana is heavily fenced and tightening. The state legalized adult-use cannabis by citizen initiative, but the legislature and governor have since narrowed the field rather than opened it. SB 27's "Freeze the Footprint" moratorium through mid-2027 hard-caps new entrants, advantaging incumbent license holders and inviting consolidation as the only growth path becomes acquisition of existing licenses. On the hemp side, 2025 laws (HB 49 and the non-FDA-approved THC ban) effectively eliminated the independent intoxicating-hemp channel, funneling all psychoactive THC into the licensed cannabis system and fencing out small hemp retailers and beverage makers ahead of the November 12, 2026 federal hemp deadline. Gov. Gianforte's vetoes of the tribal-compact bill (HB 952) and the reallocation bill (SB 537) further restricted who can participate, keeping tribal operators confined to narrow existing constraints (single location, size and distance limits). The petition-based, non-automatic expungement process and the absence of a social-equity license tier mean little structural offset for those historically harmed.
Who is fenced out: prospective new operators (frozen out until at least July 2027), hemp/beverage entrepreneurs, tribal governments seeking their own compacts, and people with prior convictions who must self-navigate the courts. Who is consolidating: established, often vertically integrated incumbent licensees. This justifies an enclosure pressure score of 4/5. It is not a 5 because cannabis remains broadly legal, home grow is permitted, and citizen initiative remains a live release valve, but the trajectory is clearly toward tighter enclosure.
What to watch next
- SB 27 license moratorium lifts July 1, 2027, the key date for new market entry. MTBowl
- HB 636 ingestible potency reduction (10 mg to 5 mg per serving) takes effect July 1, 2026. Legalization Profiles
- Federal hemp redefinition takes effect November 12, 2026, finalizing the federal ban on most intoxicating hemp THC products. Vicente LLP
- 2026 ballot-initiative signature deadline reported as June 19, 2026 (for citizen measures generally; no confirmed drug-policy measure). Ballotpedia 2026 measures
- Interim committee work (EAIC and Revenue Interim Committee) on cannabis rulemaking continues through 2026 ahead of the next regular session. Montana Legislature EAIC
- Next regular legislative session convenes January 2027 (the 70th Legislature); expect renewed cannabis, hemp, tribal-compact, and possibly psychedelics bills then. Ballotpedia MT Legislature
Regulators
- Cannabis (medical and adult-use): Montana Department of Revenue, Cannabis Control Division (licensing and taxation). MT DOR Cannabis
- Hemp: Montana Department of Agriculture administers the state hemp program; hemp THC consumer-product limits are set in statute and enforced alongside DOR rules. (Specific division allocation between Agriculture and Revenue for finished consumer products is partly unconfirmed; verify with the agencies.)
- Harm reduction, naloxone, treatment, HEART Fund: Montana Department of Public Health and Human Services (DPHHS), Behavioral Health and Developmental Disabilities. DPHHS Naloxone
- Expungement: Montana Judicial Branch / Office of the Court Administrator (petition process through district courts). CCRC Montana profile
- Legislative oversight: Economic Affairs Interim Committee and Revenue Interim Committee. Montana Legislature EAIC
Federal exposure (2026)
Montana's drug-policy posture sits inside a federal frame that, in 2026, tightened around the same incumbents the state is already protecting. Every relevant federal lever is summarized below.
Rescheduling and 280E: Cannabis remains Schedule I by default. The DOJ/DEA order signed April 22, 2026 and effective April 28, 2026 (91 FR 22714) moved only FDA-approved cannabis drugs and state-licensed medical cannabis to Schedule III; recreational adult-use cannabis stays Schedule I. The practical Montana consequence is split by program. Montana's medical cannabis operators (the 4 percent tax tier, separately carded) fall within the medical category that gains relief from Internal Revenue Code section 280E, meaning those medical operations can begin deducting ordinary business expenses for federal tax purposes. Montana's adult-use operators (the 20 percent tier, the larger share of the roughly $60 million annual tax base) get nothing: they remain Schedule I, remain subject to 280E, and remain barred from normal federal deductions. Because most of Montana's licensees are vertically integrated and serve both programs, the benefit accrues unevenly and favors operators with the accounting sophistication to segregate medical activity. Schedule III does not legalize cannabis, does not authorize interstate commerce, and does not cover state recreational businesses, so it changes the tax math for one slice of the market without opening the market. The broader DEA rescheduling hearing opened June 29, 2026 and may slip to 2027; no further reclassification is settled.
The November 12, 2026 hemp cliff: The FY2026 agriculture appropriations rider (Section 781, sponsor reported as Rep. Andy Harris, R-MD; verify) narrowed the federal hemp definition to a total-THC standard of roughly 0.4 mg THC per container, recriminalizing an estimated 90 to 95 percent of intoxicating hemp products effective November 12, 2026. The proposed H.R.7010 delay was not enacted, and the 2026 Farm Bill (reported as H.R.7567; verify) keeps the ban. For most states this is a shock; for Montana it is an aftershock. Montana's 2025 hemp laws (HB 49 and the non-FDA-approved THC ban) had already nearly eliminated the intoxicating-hemp channel at the state level, capping products at roughly 0.5 mg delta-9 per serving and about 2 mg per package and routing all psychoactive THC through the licensed cannabis system. The practical effect of the federal cliff in Montana is therefore mostly confirmatory: it forecloses the cross-border and mail-order workarounds that Montana consumers and out-of-state sellers could still use, and it removes any federal-law ambiguity that small hemp retailers might have relied on, but it does not dismantle a permissive regime, because Montana already dismantled one. The federal and state moves point the same direction, toward the licensed-cannabis incumbents.
Banking: SAFER Banking remains stalled in Congress. Montana cannabis businesses, including the medical operators newly relieved of 280E, still lack reliable access to mainstream banking, lending, and card processing. This compounds the enclosure dynamic: incumbents with existing banking relationships and capital reserves can weather cash-heavy operations and fund license acquisitions, while the SB 27 freeze blocks new entrants regardless, so the banking gap mostly raises costs for everyone and entrenches those already inside.
Psychedelics: There is no federal access pathway and no state pathway in Montana. Psilocybin, MDMA, and ibogaine remain Schedule I. The April 18, 2026 executive order, Accelerating Medical Treatments for Serious Mental Illness [https://www.whitehouse.gov/presidential-actions/2026/04/accelerating-medical-treatments-for-serious-mental-illness/] plus FDA priority vouchers fast-track FDA review, but no psychedelic therapy is approved. Because Montana enacted no decriminalization or therapeutic-access law (HB 955 failed in 2023) and holds no 2026 session, the only conceivable near-term route to legal psychedelic therapy in Montana is federal FDA approval; the state offers no independent door.
Harm reduction: Montana's harm-reduction infrastructure is directly exposed to the April 24, 2026 SAMHSA guidance barring federal funds for fentanyl test strips, clean syringes, and sterile water; naloxone remains federally supported. Montana legalized fentanyl test strips in 2023 (HB 437) and distributes them alongside naloxone through DPHHS wellness kiosks. Naloxone distribution can continue on federal dollars, but the test-strip component of those kiosks and any syringe-related supplies now have to be funded from state or non-federal sources or scaled back. The HEART Fund (the first roughly $6 million of marijuana tax revenue annually) is a state-controlled stream that could backfill some of this gap, which gives Montana more cushion than states wholly dependent on federal harm-reduction grants, but the SAMHSA cut still removes a funding leg from the exact services the state chose to expand.
Patient access and rights
This section covers what Montana law does and does not protect for a medical cannabis patient: use inside a hospital, and the broader rights that follow a patient into work, housing, parenting, an organ transplant list, and school. It is information, not legal advice, and it reflects the law as of July 2026.
Hospital access (Ryan's Law): Montana has no hospital-access law. No statute requires a hospital, nursing home, or hospice to let a qualifying patient use medical cannabis on site, so whether a facility allows it is left to that facility's own policy, and many refuse. Seven states have now enacted a Ryan's Law protection (California in 2021, and Colorado, Delaware, Louisiana, Oregon, Virginia, and Washington in 2026), and Pennsylvania has a bill pending; Montana is not among them. The absence is the finding: a Montana patient has no enforceable right to use their medicine in a hospital today.
Broader protections: Montana has a medical program and legal adult-use (since 2022), but a review of the cannabis law found none of the six patient protections. It expressly declines an employment accommodation (Mont. Code 16-12-108(5)) and provides nothing for housing, parenting (reviewed 16-12-515), an organ transplant list, school enrollment, or general medical care. The absence is the finding.
Out-of-state patients: Montana does not offer medical reciprocity; its adult-use market serves anyone 21 and older, but an out-of-state medical card carries no patient protections here.
The federal picture: the April 2026 federal move of state-licensed medical cannabis to Schedule III did not change any of this. Schedule III does not make dispensary cannabis a lawful prescription medicine and does not create any hospital-use right; only state law can force hospital access, and Montana has not enacted a Ryan's Law. The absence of the broader protections above is a feature of Montana law, not something federal rescheduling addresses.
Sources: Montana cannabis law, Mont. Code 16-12-108.
Analysis: the enclosure read in depth
Montana scores 4/5 because the dominant motion at both state and federal levels is to wall the market off and let the inside consolidate, while two genuine commons release valves keep it from a perfect 5.
Who is fenced out. The single largest fence is SB 27, the "Freeze the Footprint" moratorium that bars all new cannabis facility licenses (dispensary, cultivator, manufacturer) through June 30, 2027. There is no social-equity tier and no lottery; the only way into the market is to buy an existing license from an incumbent, which prices out anyone without capital and converts the licensing system into a closed asset class. Prospective new operators are simply locked out. Hemp and beverage entrepreneurs were fenced out separately by the 2025 state hemp laws and are now fenced out again, more durably, by the federal total-THC cliff on November 12, 2026. Tribal governments seeking their own regulatory compacts were fenced out by Gov. Gianforte's veto of HB 952, leaving tribal operators confined to the narrow existing constraints. People with prior cannabis convictions are not structurally helped: relief is petition-based, one-time, and requires self-navigation of the courts, so the population most harmed by prohibition gets the least automatic benefit from legalization.
Who consolidates. Established, often vertically integrated incumbent licensees are the clear winners. SB 27 makes their licenses scarce and therefore valuable. The April 2026 Schedule III move hands the medical side of their operations 280E relief, improving the economics of exactly the operators large enough to run dual medical and adult-use lines. The stalled SAFER Banking bill keeps capital and banking access concentrated among those who already have it. The state hemp ban and the federal hemp cliff together eliminate the cheap, lightly regulated competitive channel (intoxicating hemp) and force all psychoactive THC demand into the licensed cannabis system the incumbents control. Federal enclosure and state enclosure are not merely coincident here; they reinforce each other, and both favor large incumbents while fencing out small actors and hemp.
State-plus-federal interaction. The defining feature of Montana in 2026 is that the state got there first. Where the federal hemp cliff and Schedule III shock other states into sudden adjustment, Montana had already restricted hemp and already built a closed, incumbent-favoring cannabis market, so federal action largely ratifies the state's existing trajectory rather than redirecting it. The biennial legislature amplifies this: with no 2026 regular session, there is no legislative venue to respond to the April 2026 rescheduling, the SAMHSA harm-reduction cut, or the November 2026 hemp cliff until January 2027. Policy in 2026 is frozen in place by the calendar, which itself functions as a kind of enclosure, removing the normal democratic release valve for a full year while the federal changes land.
What to watch. The July 1, 2027 expiry of the SB 27 freeze is the hinge: if the 2027 legislature extends it, enclosure deepens toward 5; if it lapses and new licenses open, the score eases. Watch whether the 2027 session creates any equity or tribal pathway, whether Montana backfills the SAMHSA-cut test-strip and syringe funding from the HEART Fund or state dollars, and whether the DEA rescheduling hearing (opened June 29, 2026) produces anything beyond the narrow medical Schedule III move. Watch also whether any citizen initiative is filed to reopen entry or expand access, given the June 19, 2026 signature deadline for the current cycle has no confirmed drug-policy measure.
Where the commons counter-moves are. Two things hold the score at 4 rather than 5. First, home grow: adults 21+ may grow up to 2 mature plants and 2 seedlings per person, a genuine non-commercial channel that no license freeze, banking gap, or federal rescheduling can close, and that lets individuals supply themselves entirely outside the enclosed market. Second, the citizen initiative process, the same mechanism that legalized cannabis through I-190 in 2020, remains available and is itself the subject of a 2026 protective constitutional amendment effort. These are the live release valves. They are real, but they are individual and procedural rather than structural; they do not reopen the commercial market or undo the consolidation, which is why the enclosure score stays high at 4/5.
Active legislation (2026)
Montana has a biennial legislature that meets in odd-numbered years. There is no regular legislative session in 2026; the next regular session convenes in January 2027. Consequently there are no new substantive 2026 session bills. The entries below are the most significant recent cannabis, hemp, and drug-policy measures from the 2025 (69th) session that define current 2026 law, plus carryover federal context. This list is not exhaustive; for the long tail and live tracking see the trackers linked at the end of this section.
These measures are not in the live bill list below: some are not bills (executive orders, rules, referendums, or budgets), and some are proposals or prior-session measures the live tracker does not currently carry.
- HB 932 Redirects marijuana tax revenue to a habitat legacy account for conservation (Enacted; signed May 16, 2025)
- Hemp THC ban (non-FDA-approved) Bars sale of hemp products with detectable THC unless FDA-approved (Enacted; signed May 8, 2025)
| Bill | Title/Topic | Chamber | Status | Sponsor(s) |
|---|---|---|---|---|
| SB 27 | "Freeze the Footprint": moratorium on new cannabis facility licenses through June 30, 2027 | Senate (origin) | Enacted; signed (reported May 5, 2025); effective July 1, 2025 | Unconfirmed (see LegiScan) |
| HB 932 | Redirects marijuana tax revenue to a habitat legacy account for conservation | House (origin) | Enacted; signed May 16, 2025 | Unconfirmed (see LegiScan) |
| SB 537 | "Cops and conservation" marijuana tax reallocation (law enforcement, treatment, homelessness) | Senate (origin) | Vetoed by Gov. Gianforte (June 2025); voided by coordination clause | Unconfirmed (see LegiScan) |
| HB 636 | Reduces ingestible marijuana single-serving potency from 10 mg to 5 mg THC | House (origin) | Enacted; signed May 8, 2025; effective July 1, 2026 | Unconfirmed (see LegiScan) |
| HB 49 | Caps hemp product THC at very low per-serving/per-package levels | House (origin) | Enacted; signed April 7, 2025 | Unconfirmed (see LegiScan) |
| Hemp THC ban (non-FDA-approved) | Bars sale of hemp products with detectable THC unless FDA-approved | Unconfirmed | Enacted; signed May 8, 2025 | Unconfirmed (reported as SB 375; verify on LegiScan) |
| SB 255 | Would require a marijuana ID card for recreational use | Senate (origin) | Failed | Unconfirmed (see LegiScan) |
| HB 952 | Authorize tribal cannabis compacts with the state | House (origin) | Vetoed by Gov. Gianforte (reported June 19, 2025) | Unconfirmed (see LegiScan) |
I have not independently confirmed individual sponsor names and have marked them "unconfirmed" rather than guess; the bill text and sponsor of record can be verified on LegiScan and the legislature site. Live trackers: LegiScan Montana, Montana Legislature, Montana Free Press 2025 Capitol Tracker, Marijuana Moment Montana coverage, MT DOR 2025 Legislative Updates.
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A planning snapshot for 2026, not legal advice. Policy moves quickly; confirm any single detail against the cited sources before acting on it. Sponsor names are given where confirmable and marked unconfirmed otherwise.
About the author. Jessica Mantonya is the founder of Drug Policy Watch and Hold in Common. She also advises operators, advocates, and funders on regulatory strategy and anti-enclosure positioning. Work with her →
Sources
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- https://www.montanalawhelp.org/resource/misdemeanor-expungement-montana
- https://www.dankreports.com/montana-cannabis-market-analysis/
- https://cannabiscpa.tax/montana-cannabis-tax-guide-2025-edition/
- https://www.legalizationprofiles.org/roadblocks-cleared-for-montana-adult-use-cannabis-rulemaking/
- https://www.congress.gov/bill/119th-congress/house-bill/7010
- https://www.congress.gov/bill/119th-congress/house-bill/7567
- https://www.samhsa.gov/
- https://www.dea.gov/
- https://www.whitehouse.gov/presidential-actions/2026/04/accelerating-medical-treatments-for-serious-mental-illness/