Are THC Drinks Legal in Montana? (2026)

Are THC drinks legal? Every state

Tier

concentration cap

Limit

2 mg total THC per package (mg per container)

What the record says

Montana law provides that hemp and hemp products sold by any person may not exceed 0.5 milligrams of total delta-9 THC per serving and 2 milligrams per package, with an exception only for unadulterated hemp flower. A THC beverage is a hemp product under MCA 16-12-117(3) subject to those caps, and anything above them may be sold only as licensed marijuana through the dispensary system under MCA 16-12-222 through 16-12-224. Retail sale of hemp-derived Delta-9 THC beverages in Montana is restricted to those limits, which are effectively non-intoxicating and therefore effectively prohibitive for a dosed beverage at general retail.

Controlling language, verbatim

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.

Source of excerpt

Citations

Federal

Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail

THC drinks across the country

Neighboring states

• THC drinks in Idaho Illegal
• THC drinks in North Dakota Illegal
• THC drinks in South Dakota Restricted
• THC drinks in Wyoming Gray area

Related

• Delta-9 THC in Montana: every form
• THC ban in Montana
• Every compound in Montana
• THC drink brands on file (5)

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