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Disclaimer: The information below is fully based on our independent research. While our team does everything in their power to provide accurate and current information from credible state-run websites and resources, we are not lawyers or legal experts. As such, none of the following information should be interpreted as legal advice. Content on these pages is provided for informational purposes only and those with legal concerns should consult experts within their state.
People all over the country are becoming more and more interested in the potential benefits of cannabidiol, also known as CBD. CBD is the second-most plentiful cannabinoid after THC in marijuana. It is also available in large quantities in industrial hemp. However, unlike THC, CBD does not get you high. Instead, many people feel that it provides a range of benefits. These include pain relief, help with insomnia, and lessening of conditions that include anxiety and depression. But, before trying any substance, it’s best to assure that it is legal in your area. Is CBD legal in Montana? This is what we’ve learned.
Is CBD oil legal in Montana?
Yes, CBD oil is legal in Montana. There are, however, a few restrictions. Hemp-derived CBD cannot be used in food, beverages or dietary supplements. It is also illegal to make health claims on the labels of hemp-based CBD products. There are no age limits or quantity limits for hemp-based CBD.
Cannabis-derived CBD is also available in the state. It can be purchased by people with medical ID cards. Montana also has legal recreational marijuana, so individuals 21 or over can purchase cannabis-based CBD products from dispensaries.
What are the current CBD laws in Montana?
Montana citizens have long favored therapeutic use of cannabinoids. In 2004, medical marijuana was legalized by a ballot initiative, with the measure winning 62% of the vote.
Under Montana’s medical marijuana law, any licensed physician in good standing can fill out a physician’s statement form recommending medical marijuana for their patient. Patients would then acquire medical marijuana through dispensaries. The law also allowed licensed marijuana growers to produced medical marijuana in the state.
The state legislature attempted to roll back the protections that medical marijuana users had. In 2011, both the State House and Senate voted to repeal the Montana Medical Marijuana Act. However, the bill was vetoed by Governor Brian Schweitzer.
The legislature then attempted to put strong restrictions on the medical marijuana program. However, these were blocked by the state’s court system.
The legislature was out of step with citizens in the state. As of 2015, there were two proposed ballot initiatives that would further liberalize marijuana policy in Montana. One would loosen quantity restrictions and add post traumatic stress disorder to the state’s list of qualifying conditions. Another would legalize recreational marijuana for adults age 21 and over. A third proposed initiative would require Montana to adhere to federal law when it came to drug policy; this initiative, if approved, would lead to a de facto end to the state’s medical marijuana program. Of the three, the proposal that would loosen the state’s medical program passed.
Montana voters had another go at recreational legalization during the 2020 election. Voters overwhelmingly approved the ballot initiative, making Montana one of the country’s newest recreational marijuana states.
Montana has also gradually worked to loosen restrictions on hemp cultivation and processing in the state. In 1999, HR 2 was passed by both houses of the state legislature and signed into law. This resolution called for Montana to urge the federal government to legalize the cultivation and processing of hemp.
In 2001, the legislature proposed SB 261, would authorize hemp as an agricultural crop in the state. Those who wished to grow industrial hemp would need to obtain a license from the department of agriculture beforehand. Industrial hemp was defined in the same way that the later federal Farm Bill would. By law, it could contain no more than .3% THC. The bill was signed by Governor Martz on April 23, 2001, and passed into law. Unfortunately, federal law still barred its production, which was a significant hurdle for growers. For instance, farmers were unable to irrigate their hemp crops with water from federally managed land because of the hurdles brought on by federal law.
Another attempt at hemp legalization was made just under a decade later. In 2009, a resolution that urged Congress to legalize industrial hemp was voted into law. However, the same federal problems persisted.
By 2014, however, the federal government was ready to begin considering the benefits of hemp cultivation. In the 2014 Farm Bill, states were allowed to start pilot programs to explore hemp cultivation. This was followed up by the 2018 Farm Bill, which reclassified hemp from a Schedule 1 narcotic to an agricultural commodity.
Hemp is now widely grown in Montana. As of 2019, 45,000 acres were cultivated with hemp. Montana’s industrial hemp program is still run under the authorities provided in the 2014 pilot program. Many details of the hemp program are still being worked out. For instance, since the state also allows legal marijuana cultivation, measures are needed to ensure that marijuana and hemp do not cross pollinate. This will continue until January 2022. At the current time, hemp can be purchased and sold through a state-run Hemp Marketplace. Seed, grain, fiber, flower and plants can all be obtained through this marketplace. The service is free of charge for both buyers and sellers.
Hemp growers in Montana can process their crop into CBD oil or extract with permission from the state. The resulting CBD products can be legally sold in a wide range of retail locations. Retail stores can also sell CBD products obtained from growers and processors outside the state.
Can I purchase CBD oil in Montana?
Yes, you can purchase CBD oil in Montana. While it is technically illegal to sell food or drink that contains hemp-based CBD in the state, hemp CBD gummies, elixirs and other consumables are readily available. Cannabis-based CBD products can be purchased from dispensaries. You can also buy hemp-based CBD products online and have them shipped to your location.