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The 2018 Farm Bill aimed to expand access to hemp products nationwide, but each state has the authority to establish its own CBD laws. Is CBD legal in Montana?
Yes, CBD is legal in Montana, but certain types of CBD products may still be restricted. To safely purchase local CBD, it's essential to understand Montana CBD laws and regulations.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Montana?
Are CBD gummies legal in Montana?
Is full spectrum CBD legal in Montana?
Does Montana have a CBD possession limit?
Can doctors prescribe CBD in Montana?
Where to buy CBD in Montana?
How old do you have to be to buy CBD in Montana?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Montana has supported cannabis access since 2004 with Initiative 148 for medical cannabis and CBD, and after the 2018 Farm Bill, it established a hemp pilot program aligned with federal regulations; however, while CBD is legal, it cannot be used as a food or drink additive due to FDA guidelines, and products with over 0.3% THC are regulated under the medical cannabis program.
Here are the details:
Montana’s cannabis-forward attitude backdated even some of the most hemp-friendly states, like Illinois. The state passed Initiative 148 in 2004, a bill to expand medical cannabis access(including CBD) to qualifying patients. For over a decade, patients could access CBD in Montana only with a doctor’s recommendation and state medical card.
Shortly after the 2018 Farm Bill passed into law, Montana passed SB 176, a bill that allowed the state’s Department of Agriculture creates a hemp pilot program.
The Montana Hemp Plan was designed similarly to the hemp pilot plans in hemp-progressive states like Kentucky, Colorado, or Arkansas. It generally aligns with federal recommendations--hemp must contain less than 0.3% THC by weight and be derived from a state-approved source.
The state has not specifically referenced CBD use in any law, but confusion was cleared when the Montana Department of Health and Human Services released a statement in 2019 declaring it illegal to use CBD as a food or drink additive, citing the FDA’s current stance on CBD.
In other words, there are no laws prohibiting CBD in Montana, but the state prohibits the use of any CBD product that isn’t in accordance with the FDA’s regulations. As of now, CBD cannot be added to foods or drinks produced in the state, but the state’s stance is expected to change as the FDA updates these regulations.
Still, the state does not regulate CBD products made in the state, relying on the FDA and federal regulations to step in instead. The state does, however, regulate the use of CBD with a THC content greater than 0.3%, which is only accessible through the state’s medical cannabis program.
CBD gummies are one of the most popular types of CBD products on the market today. Unfortunately, many states prohibit the manufacture and sale of CBD-containing foods within the state. There are no Montana laws affecting consumers who use CBD in food products, so long as they do not contain more than 0.3% THC.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, Montana has no laws restricting full spectrum CBD products that contain 0.3% THC or less.
Montana does not define any possession limits for CBD products derived from industrial hemp that meet state requirements. Other CBD products, like those derived from hemp, may only be accessible through the state’s medical program, which imposes different restrictions.
In Montana, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Montana does very little to regulate the manufacture and sale of CBD products within the state. That means that CBD may be accessible in many places, including grocery markets and convenience stores.
Most regulations are in regards to the product’s THC products, meaning that there are no regulations in place to ensure consumer safety--which makes buying CBD in Montana risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
The legal age to buy CBD in Montana is not clearly defined at the state level, allowing for variations by jurisdiction and seller.
While many smoke shops require customers to be 21 due to tobacco laws, many CBD brands permit those 18 and older to order legal CBD products online.
Although smokable hemp flower and CBD vaporizers may not be suitable for all ages, qualifying patients under 18 can access cannabis-derived CBD through the state’s medical cannabis program.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Montana, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
In Montana, you must be at least 21 years old to purchase from a recreational dispensary, while patients with a medical cannabis card can buy from dispensaries regardless of age.
As of now, CBD is illegal or heavily restricted in a few states, including Idaho and South Dakota, but laws can change, so it's essential to check local regulations.
Yes, CBD derived from hemp with less than 0.3% THC is legal in Wyoming, but the state has specific regulations regarding its sale and distribution.
Yes, Delta-9 THC is legal in Montana for both medical and recreational use, provided it complies with state regulations.
Yes, CBD gummies are legal in Montana, as long as they are derived from hemp and contain less than 0.3% THC.
No, flying with Delta 9 edibles is not advisable, as it remains illegal under federal law, even if it's legal in the state of departure or arrival. Always check TSA regulations and local laws before traveling.
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