Montana Recreational Cannabis Laws FAQ

Updated April 22, 2024

Is marijuana legal in Montana?

• Yes.

Is marijuana legal for recreational use in Montana?

• Yes. As of January 1, 2022, it is legal for adults 21 and over to purchase, possess, and consume marijuana for recreational use in Montana.

I am not a resident of Montana. Can I buy marijuana?

• Yes. Anyone over the age of 21 can purchase, possess, and consume marijuana for recreational use in Montana, including out-of-state and out-of-country residents.

Do I need a medical card or special identification to buy marijuana?

• No. You only need to prove you are over the age of 21. You can do this with a driver’s license, state-ID, or passport.

Where can I buy marijuana in Montana?

• There are recreational marijuana dispensaries (pot shops) throughout the state. These shops are different from medical marijuana dispensaries and have a different type of license to sell to recreational customers. While many pot shops are both medical and recreational, not all are. To help you find the recreational shops, we have a complete directory of recreational weed shops in Montana.

Can I get marijuana delivery in Montana?

• Only medical patients with a Montana medical marijuana card can get delivery. Recreational weed customers have to visit one of the many recreational marijuana dispensaries in Montana.

What kind of marijuana can I purchase in recreational pot shops?

• Every type of cannabis product can be purchased including: buds (flower), hash oil, edibles, cannabis-infused drinks. Montana limits the THC content of marijuana flower to be no more than 35%.

How much marijuana can I buy in Montana?

• You can purchase up to one ounce (28 grams) of marijuana flower, 8 grams of extract or concentrate, and 800 mg of THC in an infused product (edibles) , per day at one store.

How much marijuana can I possess?

• Any adult over the age of 21 can possess up to one ounce of marijuana flower, 8 grams of extract or concentrate (wax, shatter, oil), and 800 mg of THC edibles in public.

Can I possess marijuana anywhere in the state?

• Almost anywhere. National parks, national monuments, and national forests are Federal lands and you cannot legally possess marijuana on Federal land.

Can I possess marijuana in a car?

• Yes. You can possess marijuana in a car, but you cannot consume it in a moving vehicle. The weed must be purchased from a dispensary and remain in its unopened, original packaging. It should be stored in a locked storage compartment or in the trunk.

Can I smoke marijuana while driving?

• No. You cannot smoke while driving and you cannot drive stoned. Both are illegal.

Where can I smoke marijuana in Montana?

• You can smoke marijuana on any private property where marijuana consumption is allowed. 

Can I smoke marijuana in public?

• No, not legally. You must be on private property where marijuana consumption is allowed.

Can I smoke marijuana in my hotel?

• Yes, some hotels allow it. But, there are also hotels that don’t. Check with your hotel for their policy. Typically, you would need to get a smoking room or have an outside area where pot smoking is allowed. Check our featured hotels and lodging guide for hotels with private balconies and smoking rooms.

Can I smoke my marijuana with someone under 21?

• No. It is illegal for people under 21 to buy, possess or use retail marijuana. It is illegal for anyone to give, sell to, or share marijuana with anyone under 21.

Can I take marijuana from Montana out of state?

• No. You can’t legally take marijuana from Montana outside of Montana. You can’t cross the border with it and you can’t fly with it outside of the state. Finish it before you leave.

This is just a general guide and is NOT intended as legal advice. For more information on Montana laws, visit the state’s official website: mtrevenue.gov .