As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Montana as vape / inhalable. Hemp Delta-9 vape - restricted. Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedHemp 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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Montana as capsule / tablet. Hemp Delta-9 capsule - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedHemp 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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Montana as beverage. Hemp Delta-9 drink - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedHemp 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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Montana as edible / ingestible. Hemp Delta-9 edible - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedHemp 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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail in Montana as flower / raw plant. Hemp Delta-9 flower - legal. Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedMont. Code Ann. Section 16-12-117(4): 'This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.' Raw smokable hemp flower is therefore exempt from the 0.5mg/2mg caps and legal up to the standard 0.3% dry-weight hemp threshold. Montana takes a two-track approach: raw, unprocessed hemp flower is treated leniently (exempt from the mg caps, legal up to the standard 0.3% dry-weight threshold), while every processed/extracted hemp product (vape, edible, tincture, capsule, drink, etc.) is capped at 0.5mg delta-9 THC per serving and 2mg per package -- low enough to be non-intoxicating in practice. Anything above those caps must be sold as licensed marijuana through the state's regulated dispensary system under 16-12-222/223/224.
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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Montana as other. Hemp Delta-9 other - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedHemp 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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Montana as powder / bulk. Hemp Delta-9 powder - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedHemp 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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail in Montana as raw material / ruo. Hemp Delta-9 raw material - legal. Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedBulk/unprocessed hemp biomass for further processing is governed by Montana's hemp cultivation program (Title 80, ch. 18) rather than the 16-12-117 retail caps, which attach at the point of sale of a finished 'hemp product.' Montana takes a two-track approach: raw, unprocessed hemp flower is treated leniently (exempt from the mg caps, legal up to the standard 0.3% dry-weight threshold), while every processed/extracted hemp product (vape, edible, tincture, capsule, drink, etc.) is capped at 0.5mg delta-9 THC per serving and 2mg per package -- low enough to be non-intoxicating in practice. Anything above those caps must be sold as licensed marijuana through the state's regulated dispensary system under 16-12-222/223/224.
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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Montana as tincture / sublingual. Hemp Delta-9 tincture - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedHemp 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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Montana as topical. Hemp Delta-9 topical - restricted. Controlling source: Mont. Code Ann. Section 16-12-117 - Synthetic cannabinoid products prohibited -- restriction on sale of marijuana products.
Verified October 22, 2026 (hash check) · confidence: confirmedThe statute's 'hemp and hemp products' language is broad enough to reach topicals containing delta-9 THC, applying the same 0.5mg/2mg caps, though practical enforcement against non-ingestible topicals is unconfirmed. Montana takes a two-track approach: raw, unprocessed hemp flower is treated leniently (exempt from the mg caps, legal up to the standard 0.3% dry-weight threshold), while every processed/extracted hemp product (vape, edible, tincture, capsule, drink, etc.) is capped at 0.5mg delta-9 THC per serving and 2mg per package -- low enough to be non-intoxicating in practice. Anything above those caps must be sold as licensed marijuana through the state's regulated dispensary system under 16-12-222/223/224.
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. This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
| Form | Status | Headline | Verified |
|---|---|---|---|
| Vape / inhalable | Restricted | Hemp Delta-9 vape - restricted | 2026-10-22 |
| Capsule / tablet | Restricted | Hemp Delta-9 capsule - restricted | 2026-10-22 |
| Beverage | Restricted | Hemp Delta-9 drink - restricted | 2026-10-22 |
| Edible / ingestible | Restricted | Hemp Delta-9 edible - restricted | 2026-10-22 |
| Flower / raw plant | Legal | Hemp Delta-9 flower - legal | 2026-10-22 |
| Other | Restricted | Hemp Delta-9 other - restricted | 2026-10-22 |
| Powder / bulk | Restricted | Hemp Delta-9 powder - restricted | 2026-10-22 |
| Raw material / RUO | Legal | Hemp Delta-9 raw material - legal | 2026-10-22 |
| Tincture / sublingual | Restricted | Hemp Delta-9 tincture - restricted | 2026-10-22 |
| Topical | Restricted | Hemp Delta-9 topical - restricted | 2026-10-22 |
Among Montana's 4 neighbors, Idaho, North Dakota and South Dakota are illegal; Wyoming is gray area.
Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Montana
Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail
6 instruments on file for this compound's framework in Montana; 18 of 18 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.
Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.
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