Is Delta-10 THC Legal in Montana? (2026)

Instrument

16-12-117. Synthetic marijuana cannabinoid products prohibited -- restriction on sale of marijuana products (as amended by House Bill 49, 2025)

Source

https://legiscan.com/MT/text/HB49/id/3182505/Montana-2025-HB49-Enrolled.pdf

Retrieved

2026-07-02

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AN 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.

Instrument

80-18-101. Definitions.

Source

https://archive.legmt.gov/bills/mca/title_0800/chapter_0180/part_0010/section_0010/0800-0180-0010-0010.html

Retrieved

2026-07-02

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80-18-101. 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.

Instrument

Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products

Source

https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0170/0160-0120-0010-0170.html

Retrieved

2026-07-18

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16-12-117. 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.

Instrument

Synthetic cannabinoid products prohibited; Definition of synthetic cannabinoid

Source

https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0170/0160-0120-0010-0170.html

Retrieved

2026-07-19

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10a325a11e8c81bd

16-12-117. 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.

Instrument

Senate Bill No. 375 (2025) -- Sale of edible hemp product containing THC to consumers prohibited

Source

https://legiscan.com/MT/text/SB375/id/3215609/Montana-2025-SB375-Enrolled.pdf

Retrieved

2026-07-02

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AN 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.