• Shenandoah Roath

Recreational Marijuana in Montana

Here's what you can and can't do now that recreational marijuana is legal in Montana.

Simple possession is legal.

You cannot get in trouble for having an ounce or less of dried plant. You can carry it in your car, keep it at home, use it, and you can't be fined, arrested, or ticketed for it.

You must be 21 years or older to possess it, and you can't drive when you're high.

If you're caught with 1-2 ounces, you could be subjected to a civil fine, if it's your first offense. This is not a criminal charge, and it will not appear on your criminal record. Second offense of possessing between 1 and 2 ounces will be a civil penalty with a $300 fine. Third or subsequent will be a civil penalty of a $500 fine.

If you're on probation, just don't. No weed when you're on paper.

Why can't I buy it yet???

Patience, grasshopper. January 1, 2022 is the day that anyone over 21 can walk into any Montana dispensary and buy up to 1 ounce of dried plant, 2 seedlings, 2 mature plants, and 800 milligrams of edible THC. Until then you're just going to have to chill.

What if I forgot about that giant nug in my coat pocket and I have more than 2 ounces?

You can possess marijuana now, but you can still get in trouble if you possess more than 2 ounces. You could be imprisoned for up to 5 years, fined up to $45,000, or both. And you'll have a felony on your record.

What about edibles?

You can possess edibles, but the total THC content that you have can't be more than 800 milligrams. That's a lot of gummies, so it shouldn't be difficult to follow this law.

Can we smoke weed in public in Montana now?

No. You could be fined up to $50 for smoking marijuana in public. Even if you're at a concert. Even if it's Cypress Hill.

Can I grow my own marijuana in Montana?

For sure! Get that green thumb to work! However, if you rent, YOU MUST HAVE YOUR LANDLORD'S WRITTEN PERMISSION. Don't risk eviction.

You can have up to 2 mature plants and 2 mature seedlings per adult, but no more than 4 total of each per household. If you live in a house with 3 other adults, you still can't have more than 4 mature plants and 4 seedlings.

Is possessing too many plants really that big of a deal?

Welcome to Felony Land! Possessing more than 2 mature plants is a felony. You could be sent to prison for up to 10 years, fined up to $50,000, or both. This is all supposed to be for personal use. If you have a massive grow-op in your garage, they're going to assume you're not smoking all that weed by yourself. If you're caught with more than 2 plants more than once, the fine and prison time doubles. The maximum is 20 years and $100,000 fine.

Are there weight limits for the plants?

Yes. If your 2 plants are more than 1 pound (without soil), you're back in Felony Land. Your super secure visit to Deer Lodge can be up to 10 years and you can be fined up to $50,000. Keep those babies pruned.

Are there any harsher punishments for possession of marijuana?

Oh yes. Felony Land isn't limited 10 years. If you possess more than 30 plants or plants whose weight is more than 1 pound, you're DEEP in Felony Land. You will receive a sentence of at least 2 years, and could be locked up for life and fined up to $50,000. I agree, that's HARSH, but I didn't write the law. If you don't like it, talk to your legislator.

I need a side gig. Can I sell it?

No. No, no, no, no, no. No. No.


If you are in possession of 2 ounces or more with intent to distribute, you're committing a felony. This carries a mandatory minimum of 1 year in prison, and a maximum of life. Again, super harsh. Talk to your legislator. You could also be fined up to $50,000.

If you sell to a minor (under 21), you will go to prison for 2 years. That's the maximum and minimum. And you could be fined up to $50,000.

If you are caught selling within 1,000 feet of a school, you're going away for a minimum of 3 years and a maximum of the rest of your life. You could also be fined up to $50,000.

Find a different side gig.

If you find yourself in Felony Land because you forgot about those nugs in your coat pocket, contact us to get the best possible outcome.