In the past few years, CBD has gained legal status in almost every part of the United States. And when the question arises, Is CBD Oil Legal in Montana? The answer is a resounding YES, both hemp and cannabis derived CBD is legal in Montana.
In 2004, the state legalized the medical use of marijuana under the Montana Medical Marijuana Act. Marijuana or cannabis derived cannabidiol was only accessible for people licensed under the state’s medical marijuana program.
Years later, on November 3, 2020, marijuana possession for adults over the age of 18 was approved.
The state began the licensing procedure to identify and regulate the potential growers, processors, and traders of hemp in Montana. Cannabis derived CBD is obtainable from licensed dispensaries, and is available to medical patients upon receiving a doctors prescription. However, CBD sourced from hemp is legal with no restrictions, and consumers can find it from retail shops without any medical certificate or license.
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Next, we will discuss more about Montana CBD laws, the licensing requirements to grow hemp, and where to buy CBD oil in Montana. Have a look!
What is CBD?
CBD is a natural compound derived from cannabis or hemp and is not intoxicating. CBD shares the outer space in the cannabis plant after THC. CBD currently has a multitude of applications, ranging from anti-bacterial, anti-inflammatory, analgesic, anti-seizure, neuro-protection, muscle relaxation and anxiety relief. CBD is not THC, and has none of the psychoactive properties expressed by tetrahydrocannabinol.
In the medical field, CBD has shown remarkable success in treating seizure disorders, and the FDA has approved its use as a medical treatment.
Commercially available CBD has a maximum of 0.3% THC by weight, which far below any amount that will impair a user or make him or her “high.” CBD treats the patient in a more natural way than many other synthetic medications with no serious deleterious side-effects. Just in the past few years, CBD research has been booming and significant investments, both private and public, have been made to explore its uses even further.
Why is CBD Illegal in Some Places?
First of all, CBD is legal because of the minimal quantity of THC. Due to this, it was taken of the federal controlled substances list with the passage of the 2018 Farm Bill. Previously, any cannabinoid with intoxicating properties was illegal under the Federal Controlled Substances Act of 1970. This all changed in 2018. The cultivation of hemp became federally legal for medical and commercial purposes with the farm bill update, as long as it adhered to the restriction concerning THC. CBD derived from cannabis or hemp with 0.3% or less THC by weight became legal.
The Food and Drug Administration has the authority to regulate the CBD industry, primarily concerning: product labeling, therapeutic claims and usage of CBD for recreational and dietary purposes. Pertaining to use, the FDA had previously not allowed CBD to be advertised as a dietary item or as an additive to food and beverages. The Food and Drug Administration had this stance for years, but has softened these regulations and started allowing for dietary usages of CBD. Moreover, the recent Farm Bill gave authority to the individual states to regulate the cultivation and business of CBD.
Let’s find out more about Is CBD Oil Legal In Montana?
CBD Laws in Montana | CBD Oil Legal in Montana
Hemp derived CBD is legal in Montana because hemp is legal in the state. Montana Senate Bill 176 was approved in May 2019, and this initiative allowed the Department of Agriculture in the state to introduce a
certified hemp plan and program. According to the law, which mirrors the farm bill’s distinction between cannabis and hemp, dried hemp must contain no more than .3% THC by weight. Except for this condition, there are no other state specific guidelines.
The Department of Agriculture (DA) and the Montana Department of Public Health and Human Services (DPHHS) have issued a few statements that explicitly set some guidelines for CBD in the State. In July 2019, DPHHS issued a public letter allowing CBD for use within dietary supplements.
This decision was taken following the FDA rule that hemp derived CBD fulfills the legal requirements as a food supplement. The DA in Montana does not restrict CBD oil production or sales beyond the FDA’s guidelines. Cannabis derived CBD (greater than .3% THC) is only legal for registered medical marijuana patients.
DPHHS holds the position that while non medical consumers are qualified to make their own decisions about hemp derived CBD products, CBD products containing more than 0.3% THC should be regulated under the Montana Medical Marijuana Program.
CBD Licensing Requirements in Montana
All the cultivation, processing, and trade requirements of CBD in Montana fall under the standards outlined by the Food and Drug Administration.
The standards for commercial farming, possession, processing, marketing, and purchase of industrial hemp are outlined in the Montana Hemp Plan. The Montana DA supervises all activities in the state related to hemp growth and production.
It is also the licensing agency for potential growers wishing to participate in the cultivation of hemp. The department issues hemp licenses in two progressive stages:
- The initial license application stage requires: entity information, key participant information, verification of seed/live plant source, and crop information. Additional requirements include payment in full of the $850 nonrefundable application fee, a signature acknowledging the Attestation Statement as well as the Risk Acknowledgment Statement, and a background check for new applicants.
- Licensees who have received the initial Planting License and have planted hemp must then submit the Hemp Planting Report. The planting report must identify the strain, latitude/longitude of the field with a breakdown of each lot, size of the field(s), estimated harvest date, and the name/signature of the land owner.
- Successful candidates will be issued a Production License. If more than one harvest will be cropped per year, a planting report IS REQUIRED for each successive harvest.
CBD Possession Limits in Montana
There is currently no possession limit for hemp derived CBD in Montana. Licensed medical patients can possess up to one ounce of medical marijuana at a time, regardless of CBD content. There are not specified penalties for unlawful possession of cannabis derived CBD, there are for possession of marijuana.
Where To Buy CBD Oil in Montana?
Currently, the Montana hemp derived CBD market completely normalized. CBD products are readily available across the state at gas stations, health food stores, and many CBD specific retailers. In contrast to this, marijuana-derived CBD products are only available on state licensed dispensaries.
Another great option for Montana residents is to shop for CBD products online. People can buy CBD products from brand-specific websites and other online CBD outlets. The consumers can research the products, compare different products and their types, prices, and reviews.
Final Words on Is CBD Oil Legal In Montana?
Presently, hemp-based CBD products are widely available and the market is expanding rapidly. Montana residents can purchase and consume hemp derived CBD products without any possession limits. Marijuana derived CBD products have a few restrictions and specified possession limits. Hopefully, as time will reveal more CBD health benefits, the prevalence of CBD will skyrocket. The industry will get an expansion, and even more great products will be invented!
- Marijuana Possession Legal for Adults – https://ballotpedia.org/Montana_CI-118,_Allow_for_a_Legal_Age_for_Marijuana_Amendment_(2020)
- What is CBD – https://www.health.harvard.edu/blog/cannabidiol-cbd-what-we-know-and-what-we-dont-2018082414476
- FDA approval for seizures – https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-comprised-active-ingredient-derived-marijuana-treat-rare-severe-forms
- Side Effects – https://www.mayoclinic.org/healthy-lifestyle/consumer-health/expert-answers/is-cbd-safe-and-effective/faq-20446700
- Research Commitments – https://www.nccih.nih.gov/grants/cannabinoidrelated-funding-opportunities-from-nccih
- 2018 Farm Bill – https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/
- Controlled Substances Act – https://www.dea.gov/controlled-substances-act
- Montana SB 176 – https://legiscan.com/MT/bill/SB176/2019
- Montana Medical Marijuana Program – https://dphhs.mt.gov/marijuana
- Montana Hemp Plan – https://agr.mt.gov/Industrial-Hemp