MONTANA

Medical (2004)

Current Status

In 2004, 62 percent of Montana voters passed Initiative 148 (I-148), allowing registered patients to use, possess and cultivate medical cannabis and designate a caregiver to assist them.

In 2011, the Montana legislature introduced and passed several laws to create laws and regulations that would create a state-wide licensing program but instead the legislature passed SB 423 that repealed much of the rights granted under I-148.  SB 423 was challenged in state court blocking many of the worst provisions before it could be implemented.  Following a lengthy court battle, the Montana Supreme Court ruled in favor of allowing SB 423 to be implemented in early 2016, which cut off almost all access for patients.

In November 2016, Montana voters passed Initiative 182 (I-182) which not only restored many of the rights granted to patients in I-148, but also added PTSD and removed restrictions on chronic pain for qualifying conditions, and tasks the Department of Public Health and Human Services with creating regulations and licenses for businesses serving patients as well as laboratories to test for potency and contaminates.


Medical Marijuana

Patient Registry or ID Cards Program?
Yes, with a designated caregiver to assist you.

Cultivation

SB 0333 was just passed in May 2017, with provisions for cannabis providers

Manufacturing/Processing

SB 0333 was just passed in May 2017, with provisions for the licensing of manufacturers

Testing

SB 0333 was just passed in May 2017, with provisions for the licensing of cannabis testing facilities

Distribution/Dispensaries

SB 0333 was just passed in May 2017, with provisions for the licensing of dispensaries. There is also an upcoming fee for dispensaries and a seed to sale tracking system.

Montana was the 10th state to legalize medical marijuana on November 2, 2004.

Important Cannabis Laws

Montana Voter Initiative I-148 (2004) : allowing certain patients with specific medical conditions to alleviate their symptoms through the limited use of marijuana under medical supervision.

Montana Senate Bill 423 (2011) : went into effect on July 1, 2011, changed the application process to require a Montana driver’s license or state issued ID card. SB 423 also required confirmation from a second physician when the patient’s debilitating condition was chronic pain (the second physician requirement was repealed by I-182)

Montana Voter Initiative I-182 (2016) : renamed the governing statute as the “Montana Medical Marijuana Act” and added post-traumatic stress disorder as a qualifying condition. Furthermore, I-182 repealed several certain aspects of SB 423, including the three patient limit put into effect by SB 423, the restrictions on compensation for medical marijuana providers, as well as the requirement of a second physician’s confirmation of a chronic pain condition. Certain parts of I-182 went into effect immediately while others will be effective on June 30, 2017.

SB 0333 (2017) : implements a seed to sale tracking systems, requires the licensing of dispensaries for chemical manufacturing, establishes requirements for testing laboratories, establishes a tax on providers and a fee on dispensaries. Importantly, SB 0333 eliminates the requirement that a parent must be a minor’s caregiver and changes the allowable amounts cardholders are allowed to posses from the previous limits.

Montana Supreme Court opinion issued on February 25, 2016 in Montana Cannabis Industry Association et al v. State of Montana, which upheld all but one provision of the 2011 Montana Marijuana Act (SB 423), which was subsequently amended in November 2016 as a result of the passing of Initiative I-182.

Chapter 46. Use of Marijuana for Debilitating Medical Conditions

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