Montana Legalization

SUMMARY: Voters in Montana passed Initiative 190, which allows for the use, production and sale of marijuana by adults. Voters additionally passed Constitutional Initiative 118, which limits marijuana use to those ages 21 or older. Initiative 190 took effect on January 1, 2021.

Lawmakers in May enacted HB 701, which amends several provisions in Initiative 190, including reducing the amount of cannabis plants that may be legally grown by an adult from four to two. As amended, those age 21 and older may legally grow no more than two plants and two seedlings at one time. A household with more than one adult may grow a maximum of four plants and/or four seedlings. Consistent with I-190, adults are still permitted to possess up to one ounce of cannabis.

House Bill 701 requires counties whose voters did not decide in favor of I-190 to hold a separate vote to ‘opt in’ to permit retail sales. In counties where a majority of voters approved the 2021 initiative, no further local actions are necessary.

The House Bill also imposes new limits on the potency and milligram content permitted in certain retail marijuana products.

Adult use sales by licensed retailers began on January 1, 2022.