Legal status of marijuana in the state of montana

Legal status of marijuana in the state of montana
Max Sargent

Find out about the legal status of medical and recreational marijuana in the state of Montana. Is marijuana illegal? Better safe than sorry!


Montana has a medical marijuana program since 2004 in which medical marijuana is legal for registered cardholders only. A patient can become a cardholder with a recommendation from a licensed physician stating that he or she will benefit from the usage of medical marijuana.

A cardholder is allowed to possess up to 1 oz (28 grams) of usable cannabis and have up to 4 mature cannabis plants and 12 seedlings. If a cardholder names a caregiver he or she is not allowed to grow any plant themselves.

The qualifying conditions to become a medical marijuana patient in Montana include:

  • Admittance into hospice care
  • Cachexia (wasting syndrome)
  • Cancer
  • Crohn’s disease
  • Epilepsy or an intractable seizure disorder
  • Glaucoma
  • Intractable nausea or vomiting
  • Multiple sclerosis
  • Painful peripheral neuropathy
  • Post-traumatic stress disorder (PTSD)
  • Severe or chronic pain
  • Severe or persistent muscle spasms (result of a central nervous system


Even though the situation for medical marijuana patients is getting better in Montana, the cultivation, sale, and possession of cannabis for recreational purposes are still illegal in Montana.

Getting caught with any amount of cannabis under 60 grams (2 oz) is treated as a misdemeanor and can lead to 6 months in jail and a fine of up to $500, as long as it's your first offense.

Getting caught a second time with an amount under 60 grams is still considered a misdemeanor, but good for up to 3 years in jail and a fine of up to $1,000.

Having an amount over 60 grams is a felony and can land you in jail for up to 5 years and get you a fine of up to $50,000.

We are not aware of any possible law changes in the (near) future in Montana regarding medical and/or recreational cannabis.

Max Sargent
Max Sargent

Max has been writing about cannabis and psychedelics for several years now. With a strong belief that an open, honest attitude toward drugs and drug policy can improve the lives of many, he seeks to offer insightful and developed opinions on the subject.