December 08, 2020 7 min read

A map with a push pin marking Montana

The 2018 Farm Bill set out to expand access to hemp products across the country, but every state has the right to create their own laws surrounding CBD.

Montana was quick to expand access to hemp through a pilot program, but the rules surrounding CBD weren’t clarified so quickly.

Is CBD legal in Montana? And if so, where do you find it?

Technically, CBD is legal in the state, but certain types of CBD products may be prohibited.

Don’t take a risk! Before buying local CBD, get a better understanding of Montana CBD laws:

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.

Key Takeaways

  • Montana legalized the sale of CBD shortly after the 2018 Farm Bill was passed. Now, CBD is accessible across the state, but certain types of CBD products are restricted.
  • The state has no minimum age for CBD, but vendors may restrict access to consumers under 21.
  • You do not need a prescription to access hemp-derived CBD in Montana, but you do need a doctor’s recommendation to participate in the state’s medical cannabis program.
  • You may find CBD at a variety of locations across the state, but some products (like CBD edibles) may not have been produced legally. `Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

A selection of CBD oils, which are considered consumables and may not be sold in stores in Montana.

What are the CBD laws in Montana?

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.

Are CBD gummies legal in Montana?

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.

Is full spectrum CBD legal in Montana?

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.

Does Montana have a CBD possession limit?

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.

Can doctors prescribe CBD in Montana?

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.

Where to buy CBD in Montana?

A dropper filled with CBD oil, a popular form of CBD that may need to be purchased online in Montana.

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.

How old do you have to be to buy CBD in Montana?

The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Montana, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Montana. Qualifying patients under 18 may be able to access cannabis-derived CBD through the state’s medical cannabis program.

Is CBD legal in all 50 states?

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.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Montana Medical Marijuana Allowance, I-148” https://ballotpedia.org/Montana_Medical_Marijuana_Allowance,_I-148_(2004)
  3. “SB0176” https://leg.mt.gov/bills/2019/billpdf/SB0176.pdf
  4. “Montana 2020 Revised Hemp Plan” https://agr.mt.gov/Portals/168/Documents/IndustrialHemp/MTHempPlan.pdf
  5. “Industrial Hemp and Cannabidiol Policy for Foods” https://dphhs.mt.gov/Portals/85/publichealth/documents/FCS/cbdandhempguide7.17.19.pdf

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