As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail with restrictions in Montana as edible / ingestible. Montana: hemp products containing any total delta-9 THC may not be sold to consumers; THC-free CBD only. Controlling source: MCA 50-31-239.
Verified October 8, 2026 · confidence: confirmedMCA 50-31-239 (Ch. 394, L. 2025) provides that unless authorized as a food or drug by FDA, a hemp product containing total delta-9 THC may not be sold to a consumer in Montana; 'hemp product' means a product containing postharvest hemp intended for consumption, smoking, vaping, or another method of administration. Full-spectrum CBD contains delta-9, so retail sale to consumers is barred; THC-free CBD is not reached. Whether topicals and pet products are 'another method of administration' is not spelled out. Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: No total delta-9 THC. Pending: Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.
containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state.
As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is illegal to sell at retail in Montana as flower / raw plant. Montana bans selling consumers any hemp product with total delta-9 THC, including products for smoking. Effective 2025-10-01. Controlling source: MCA 50-31-239.
Verified October 8, 2026 · confidence: confirmedMCA 50-31-239(1), enacted by Ch. 394, L. 2025, provides that unless authorized as a food or drug by FDA, a hemp product containing total delta-9 THC may not be sold to a consumer in Montana, and 50-31-239(2) defines hemp product as a product containing postharvest hemp intended for consumption, smoking, vaping or another method of administration. CBD/CBG cigarettes, pre-rolls and flower contain trace THC, so retail sale to consumers is barred. Penalty: not stated in the section (general Title 50 enforcement). Effective date assumed Oct. 1, 2025 (Montana default); confirm. Applies to CBD cigarettes, pre-rolls and flower. Flags: sale ban True, manufacture-only ban False, shipping ban False, 21+ False, license False, total-THC flower test True. Pending: Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container.
a hemp product containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state.
As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Montana as other. Montana: pet CBD with delta-9 likely within the consumer-sale ban (reach not stated). Controlling source: MCA 50-31-239.
Verified October 8, 2026 · confidence: confirmedMCA 50-31-239 (Ch. 394, L. 2025) provides that unless authorized as a food or drug by FDA, a hemp product containing total delta-9 THC may not be sold to a consumer in Montana; 'hemp product' means a product containing postharvest hemp intended for consumption, smoking, vaping, or another method of administration. Full-spectrum CBD contains delta-9, so retail sale to consumers is barred; THC-free CBD is not reached. Whether topicals and pet products are 'another method of administration' is not spelled out. Applies to CBD pet products. Limit noted: No total delta-9 THC (interpretive). Pending: Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.
containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state.
As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Montana as topical. Montana: full-spectrum topicals likely barred as 'another method of administration'. Controlling source: MCA 50-31-239.
Verified October 8, 2026 · confidence: confirmedMCA 50-31-239 (Ch. 394, L. 2025) provides that unless authorized as a food or drug by FDA, a hemp product containing total delta-9 THC may not be sold to a consumer in Montana; 'hemp product' means a product containing postharvest hemp intended for consumption, smoking, vaping, or another method of administration. Full-spectrum CBD contains delta-9, so retail sale to consumers is barred; THC-free CBD is not reached. Whether topicals and pet products are 'another method of administration' is not spelled out. Applies to CBD topicals. Limit noted: No total delta-9 THC. Pending: Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.
containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state.
| Form | Status | Headline | Verified |
|---|---|---|---|
| Edible / ingestible | Restricted | Montana: hemp products containing any total delta-9 THC may not be sold to consumers; THC-free CBD only. | 2026-10-08 |
| Flower / raw plant | Illegal | Montana bans selling consumers any hemp product with total delta-9 THC, including products for smoking. | 2026-10-08 |
| Other | Gray area | Montana: pet CBD with delta-9 likely within the consumer-sale ban (reach not stated). | 2026-10-08 |
| Topical | Gray area | Montana: full-spectrum topicals likely barred as 'another method of administration'. | 2026-10-08 |
Among Montana's 4 neighbors, North Dakota is restricted; Idaho is gray area; South Dakota and Wyoming are legal.
Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in Montana
Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail
6 instruments on file for this compound's framework in Montana; 8 of 9 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
afea97d39b8b731d50-31-239. Sale of hemp product containing THC to consumers prohibited. (1) "Unless authorized as a food or drug by the United States food and drug administration", "a hemp product containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state." (2) [Definitions:] (a) ["Consumer" means] "an individual who is a member of the public, takes possession of the hemp product" [and] "does not offer the hemp product for resale." (b) ["Hemp" has] "the same meaning as provided in 80-18-101". (c) ["Hemp product" means] "a product that contains postharvest hemp and that is intended for consumption, smoking, vaping," [or] "another method of administration." History: "En. Sec. 1, Ch. 394, L. 2025." [Bracketed spans summarized.]
ea28971c4ae4608fAN ACT GENERALLY REVISING LAWS RELATED TO SYNTHETIC CANNABINOIDS; REVISING DEFINITIONS; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 16-12-101, 16-12-102, 16-12-108, 16-12-112, 16-12-117, 16-12-208, 16-12-305, AND 45-5-623, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 5. Section 16-12-117, MCA, is amended to read: "16-12-117. Synthetic marijuana cannabinoid products prohibited -- restriction on sale of marijuana products. (1) A person may not manufacture, process, store, or offer for sale a synthetic marijuana cannabinoid or a synthetic cannabinoid product. (2) Marijuana and marijuana products may only be sold by a manufacturer licensed under 16-12-222, a cultivator licensed under 16-12-223, or a dispensary licensed under 16-12-224 unless the products are authorized as a drug by the United States food and drug administration. Products under this section may not exceed the potency levels established in 16-12-224. (3) Hemp and hemp products sold by any person other than a licensed manufacturer under 16-12-222 or a licensed dispensary under 16-12-224 may not exceed 0.5 milligrams of total delta-9 THC for each serving and may not exceed 2 milligrams of total delta-9 THC per package. (4) This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates." Section 9. Effective date. [This act] is effective on passage and approval.
1ab6e67032f4800e80-18-101. Definitions. As used in this part, the following definitions apply: (1) (a) "Hemp" means the plant species Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. (b) The term does not include synthetic cannabinoids. (2) "Hemp crude" means a hemp derivative in a temporary state of not complying with the legal definition of hemp, the amount of tetrahydrocannabinol, or the amount of tetrahydrocannabinolic acid that will be further processed in order to comply. (3) "Hemp derivatives" means all products that contain or are processed from, extracted from, or manufactured from hemp. (4) "Marijuana" means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. (5) "Synthetic cannabinoids" has the meaning provided in 50-32-222 and includes any cannabinoids produced artificially, whether from chemical synthesis or biosynthesis using recombinant biological agents, including but not limited to yeast and algae. History: En. Sec. 1, Ch. 360, L. 2001; amd. Sec. 1, Ch. 289, L. 2019; amd. Sec. 1, Ch. 59, L. 2021; amd. Sec. 12, Ch. 746, L. 2023.
01c86a217f93b00716-12-117. Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products. (1) A person may not manufacture, process, store, or offer for sale a synthetic cannabinoid or a synthetic cannabinoid product. (2) Marijuana and marijuana products may only be sold by a manufacturer licensed under 16-12-222, a cultivator licensed under 16-12-223, or a dispensary licensed under 16-12-224 unless the products are authorized as a drug by the United States food and drug administration. Products under this section may not exceed the potency levels established in 16-12-224. (3) Hemp and hemp products sold by any person may not exceed 0.5 milligrams of total delta-9 THC for each serving and may not exceed 2 milligrams of total delta-9 THC per package. (4) This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates. History: En. Sec. 1, Ch. 746, L. 2023; amd. Sec. 5, Ch. 100, L. 2025.
10a325a11e8c81bd16-12-117. Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products. (1) A person may not manufacture, process, store, or offer for sale a synthetic cannabinoid or a synthetic cannabinoid product. (2) Marijuana and marijuana products may only be sold by a manufacturer licensed under 16-12-222, a cultivator licensed under 16-12-223, or a dispensary licensed under 16-12-224 unless the products are authorized as a drug by the United States food and drug administration. Products under this section may not exceed the potency levels established in 16-12-224. (3) Hemp and hemp products sold by any person may not exceed 0.5 milligrams of total delta-9 THC for each serving and may not exceed 2 milligrams of total delta-9 THC per package. (4) This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates. History: En. Sec. 1, Ch. 746, L. 2023; amd. Sec. 5, Ch. 100, L. 2025. 16-12-102(39): 'Synthetic cannabinoid' has the meaning described in 50-32-222 and includes any cannabinoid produced artificially, whether from chemical synthesis or biosynthesis using recombinant biological agents, including but not limited to yeast and algae. 'Synthetic cannabinoid product' means a product that contains a synthetic cannabinoid.
0590d76665858595AN ACT REVISING LAWS RELATED TO THE SALE OF HEMP PRODUCTS TO CONSUMERS; PROHIBITING THE SALE OF EDIBLE HEMP PRODUCTS THAT CONTAIN THC TO CONSUMERS; PROVIDING A DEFINITION DEFINITIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Sale of edible hemp PRODUCT CONTAINING THC TO CONSUMERS prohibited. (1) Unless authorized as a food or drug by the United States food and drug administration, an edible product containing a hemp product containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state. (2) (a) For the purposes of this section, the following definitions apply: (a) "Consumer" means an individual who is a member of the public, takes possession of the hemp product, and does not offer the hemp product for resale. (b) "Hemp" has the same meaning as provided in 80-18-101. (c) "Hemp product" means a product that contains postharvest hemp and that is intended for consumption, smoking, vaping, or another method of administration. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 50, chapter 31, part 2, and the provisions of Title 50, chapter 31, part 2, apply to [section 1]. Section 3. Effective date. [This act] is effective on passage and approval.
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