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Is THCP Legal in Montana? (2026)

Illegal

As of October 22, 2026, THCP is illegal to sell at retail in Montana. THCP illegal: synthetic-cannabinoid ban (HB 49).

Verified October 22, 2026 (llm review) · confidence: confirmed
Limit
(total ban)

What the record says

Synthetic/converted; caught by HB 49's synthetic ban.

Controlling language, verbatim

'Hemp' means the plant Cannabis sativa L. and any part of that plant ... with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. ... [SB 375] an edible product containing a hemp product containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state ... The term does not include synthetic cannabinoids.

Source of excerpt

Citations

No citation on file for this row yet.

Where THCP stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Montana's 4 neighbors, Idaho, North Dakota, South Dakota and Wyoming are illegal, the same posture as Montana.

Open the interactive map · Every compound in Montana

Federal posture

Federal gray area. THCP - federally unnamed; control theory is a definitional stretch of the tetrahydrocannabinols class onto a homolog, untested; excluded by Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Montana

6 instruments on file for this compound's framework in Montana; 0 of 0 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

MCA 50-31-239 (Ch. 394, L. 2025) · MCA 50-31-239 (Ch. 394, L. 2025)OFFICIAL
Instrument
MCA 50-31-239 (Ch. 394, L. 2025)
Source
https://mca.legmt.gov/bills/mca/title_0500/chapter_0310/part_0020/section_0390/0500-0310-0020-0390.html
Retrieved
2026-10-07
Fingerprint
afea97d39b8b731d
50-31-239. 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.]
Mont. Code Ann. Sec. 16-12-117 (as amended by HB 49, 2025) · 16-12-117. Synthetic marijuana cannabinoid products prohibited -- restriction on sale of marijuana products (as amended by House Bill 49, 2025)MIRROR
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
Fingerprint
ea28971c4ae4608f
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.
Mont. Code Ann. Sec. 80-18-101 · 80-18-101. Definitions.OFFICIAL
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
Fingerprint
1ab6e67032f4800e
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.
Mont. Code Ann. Section 16-12-117 · Synthetic cannabinoid products prohibited -- restriction on sale of marijuana productsOFFICIAL
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
Fingerprint
01c86a217f93b007
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.
Mont. Code Ann. Section 16-12-117; Section 16-12-102(39) · Synthetic cannabinoid products prohibited; Definition of synthetic cannabinoidOFFICIAL
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
Fingerprint
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.
Mont. SB 375 (2025), codified at Title 50, ch. 31, part 2 · Senate Bill No. 375 (2025) -- Sale of edible hemp product containing THC to consumers prohibitedMIRROR
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
Fingerprint
0590d76665858595
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.

Related

THCP in neighboring states

THCP in other states

Same framework in Montana

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Cite this page

Compound Analytics. "Is THCP Legal in Montana? (2026)." Compound Laws, https://compoundlaws.com/compounds/thcp/montana/. Accessed October 25, 2026.

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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