Montana Cannabis State Laws

Montana is still trying to swing around when it comes to being ultra-conservative, so far a few decriminalizing laws have been passed yet, even these laws still seem fairly strict.


60 grams  or less (first offense)

  • Misdemeanor
  • 6 months incarceration
  • $500 fine

Second Offense

  • Misdemeanor
  • 3 years incarceration
  • $1,000 fine

More Than 60 grams

  • Felony
  • 5 years incarceration
  • $50,000 fine


Any amount with or without compensation

  • Felony
  • 1 years – life incarceration
  • $50,000 fine

From an adult to a minor

  • Felony
  • 2 years – minimum incarceration
  • $50,000

Within 1000 feet of school grounds

  • Felony
  • 3 years – life incarceration
  • $50,000 fine


1 lb or less or 30 plants or less

  • Felony
  • 10 years incarceration
  • $50,000 fine

Second or subsequent offense is punishable by twice the term of imprisonment and twice the authorized fine.

Continuing criminal enterprise results is a felony punishable by double or triple fine and imprisonment.

Possession of marijuana on a train results in additional penalties.

Anyone convicted of a misdemeanor must attend a mandatory drug education course.

Pending:  Montana’s confusing landscape of evolving rules and regulations continues, as regulators recently indicated they would not finalize rules for the state’s medical cannabis businesses until spring of 2018.

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