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Marijuana

MCA 16-12-106 — legal at 21: 1 ounce, 8 grams of concentrate, 800 milligrams in edibles, and two plants at home

For someone 21 or older, or a registered cardholder, possessing, buying, using or transporting 1 ounce or less of usable marijuana is lawful, with not more than 8 grams in concentrated form and not more than 800 milligrams of THC in edibles. Giving the same amount away to another adult is lawful too.

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Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.

  • At a private residence, up to two mature plants and two seedlings, or four of each for a cardholder.
  • The plants, and anything over 1 ounce, are kept in a locked space not visible from a public place.
  • Plants visible from a public place, or grown or stored outside a locked space, bring a civil fine of up to $250.
  • Smoking in a public place brings a civil fine of up to $50.
  • MCA 16-12-106

The law does not allow driving under the influence of marijuana, using it while driving, or smoking it as a passenger in an enclosed vehicle while it is being operated. Nor does it allow possession or use by anyone under 21 who is not a cardholder.

Sources for this section (2)
  1. MCA 16-12-106 — Personal use and cultivation of marijuana -- penalties
  2. MCA 16-12-108 — Limitations of act

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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