Cannabis Legalization in Montana
Montana Cannabis News | Montana Cannabis Legalization
Montana is getting ready to vote on recreational cannabis legalization this November! With two initiatives on the ballot – initiatives CI-118 and I-190 – Montana is one of the five states, alongside Arizona, Mississippi, New Jersey and South Dakota, to vote on joining the growing list of states with adult-use marijuana in 2020.
These initiatives legalize the possession of marijuana for adults over the age of 21, imposing a 20% tax on marijuana sales and allowing for the resentencing or expungement of marijuana-related crimes.
If the campaign passes, cannabis sales are expected to launch in late 2022 or early 2023, expanding business opportunities and creating a new wholesale market.
It is estimated that the Marijuana taxes and fees will generate about $48 million annually by 2025.
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Initiative I-190 in Montana
Initiative I-190 would legalize the possession , use, and cultivation of of marijuana for adults 21 and older. It would also:
- Establish a 20% tax on non-medical marijuana.
- Allocate 10.5% of the tax revenue to the state’s general fund,
- Allows an individual serving a sentence for a prior marijuana offense to apply for resentencing or expungement of the conviction.
- Prohibits advertising of marijuana and related products.
- Regulates the packaging and labeling of marijuana products to prevent accidental ingestion and access by children.
- Requires that marijuana provider licenses only be issued to in-state residents.
- Permits localities to regulate, ban, or restrict marijuana businesses within their jurisdiction.
- Designates the Department of Revenue as the regulating authority for the recreational cannabis market in Montana
Here is the full Text of Iniciative I-190
Initiative CI-118 in Montana
CI-119 initiative amends the Montana Constitution authorizing the state to set 21 years of age as the minimum legal age for non-medical marijuana consumption.
Here is the full Text of Iniciative CI-118Montana-Cannabis-Laws-CI-118
Regulating Authority for adult use cannabis business in Montana
The Department of Revenue will be in charge of developing rules to regulate the cultivation, transportation, and sale of marijuana and marijuana-infused products.
What would remain a prohibition in Montana?
The initiative states that individuals are not allowed to:
- Drive under the influence of marijuana;
- accommodate marijuana use or impairment at the workplace without employers consent;
- Consume cannabis in public
- Nor advertise marijuana and related products
Cannabis Licenses in Montana
No later than October 1, 2021, the department has to promulgate rules and regulations for licenses applications. The rules may not be unduly burdensome.
For the first 12 months after the department begins to receive applications, they will only issue licenses to providers, marijuana- infused products providers, and dispensaries already licensed.
The types of licenses to apply for in Montana are:
- Testing laboratories
- License providers and marijuana-infused products providers: This type of licenses will include the following types:
- A micro tier canopy license allows for a canopy of up to 250 square feet at one registered premises.
- A tier 1 canopy license allows for a canopy of up to 1,000 square feet at one registered premises. A minimum of 500 square feet must be equipped for cultivation.
- A tier 2 canopy license allows for a canopy of up to 2,500 square feet at up to two registered premises. A minimum of 1,100 square feet must be equipped for cultivation.
- A tier 3 canopy license allows for a canopy of up to 5,000 square feet at up to three registered premises. A minimum of 2,600 square feet must be equipped for cultivation.
- A tier 4 canopy license allows for a canopy of up to 7,500 square feet at up to four registered premises. A minimum of 5,100 square feet must be equipped for cultivation.
- A tier 5 canopy license allows for a canopy of up to 10,000 square feet at up to five registered premises. A minimum of 7,750 square feet must be equipped for cultivation.
- A tier 6 canopy license allows for a canopy of up to 13,000 square feet at up to five registered premises. A minimum of 10,250 square feet must be equipped for cultivation.
- A tier 7 canopy license allows for a canopy of up to 15,000 square feet at up to five registered premises. A minimum of 13,250 square feet must be equipped for cultivation.
- A tier 8 canopy license allows for a canopy of up to 17,500 square feet at up to five registered premises. A minimum of 15,250 square feet must be equipped for cultivation.
- A tier 9 canopy license allows for a canopy of up to 20,000 square feet at up to six registered premises. A minimum of 17,775 square feet must be equipped for cultivation.
- A tier 10 canopy license allows for a canopy of up to 30,000 square feet at up to seven registered premises. A minimum of 24,000 square feet must be equipped for cultivation.
Cannabis Taxes in Montana
According to the initiative a 20% tax on non- medical marijuana will be established. 10.5% of the tax revenue will go to the state general fund. The rest is dedicated to conservation programs, substance abuse treatment, veterans’ services, healthcare costs, and localities where marijuana is sold.
Is Home Cultivation Allowed in Montana
In Montana is allowed to possess, plant, or cultivate up to 4 marijuana plants in a private residence, take into consideration that:
- Marijuana plants must be kept in a locked space and may not be visible by normal, unaided vision from a public place;
- not more than 8 plants may be cultivated in a single private residence simultaneously;
- To grow in a rented residence you must have the owners permission
- Home cultivated marijuana can not be sold to any license dispensaries or provider, not to any individual
Don’t miss out on our Marijuana Legalization Map where you can browse the current status of laws in every state in the United States and see all our posts on each of them.
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