Montana

Approved Conditions

  • HIV / AIDS
  • Cancer
  • Glaucoma
  • A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including seizures caused by epilepsy or severe or persistent muscle spasms including those caused by Multiple sclerosis or Crohn’s disease
  • Any other medical condition or treatment for a medical condition adopted by the department by rule

Possession by Qualified Patients

  • May possess 12 seedlings (less than 12”), 4 mature flowering plants, and 1 ounce of usable marijuana

Requirements to Obtain a Medical Marijuana Card

  • May possess a total of no more than 24 ounces of usable marijuana, and no more than 15 plants

Requirements to Obtain a Medical Marijuana Card

  • Must complete a “Montana Medical Marijuana Program Application”
  • Must have a physician licensed in Montana complete the appropriate section of the “Montana Medical Marijuana Program Application”
  • Note: patient will NOT be able to obtain a Medical Marijuana card in Nevada if the patient holds a Commercial Driver’s License
  • Must have the physician complete the “Physician’s Statement for a Chronic Pain Diagnosis” if applying with chronic pain as a qualifying condition
  • Minors must complete a “Minor Registry Application Packet”
  • Caregivers must register as “providers”
  • Must pay an application fee of $25
  • Must mail/fax the appropriate forms to the “Montana Department of Public Health and Human Services”

Sale or Delivery

  • Any amount (with or without compensation): felony (mandatory minimum 1 year imprisonment to life and/or $50,000 fine)
  • Any amount of marijuana found in the driver’s blood or urine will establish that the driver was under the influence
  • Within 1000 feet of school grounds: felony (mandatory 3 year imprisonment minimum to life and/or $50,000 fine)

Driving Under the Influence of Marijuana

  • Illegal to drive while under the influence of marijuana
  • A level of 12 nanograms per milliliter of the driver’s blood, by volume (10 n/ml in the urine), or 5 n/ml of metabolites in the blood (15 n/ml in the urine) will establish that the driver is under the influence
  • Penalties:
Number of Convictions Fines Jail Time Additional penalties that may apply
First Conviction a fine between $300 and $1,000 between 24 hours and six months in jail n/a
Second Convictions within 7 years a fine between $600 and $1,000 between seven days and six months in jail the vehicle may be forfeited
Third Conviction a fine between $1,000 and $5,000 between 30 days and one year in jail n/a
Offenses with a minor (aged 16 or younger) in the vehicle offenses increase to a fine between $600 and $2,000; a fine between $1,00 and $2,000 for second offenses; a fine between $2,000 and $10,000 for third offenses increase to between 48 hours and one year in jail; an increase between 14 days and one year in jail for second offenses; an increase between 60 days and one year in jail for third offenses n/a