MontanaHB 4969th Legislature, Regular Session (2025)HouseWALLET

Generally revise laws related to synthetic cannabinoids

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Stronger cannabis packaging and labels

Before selling to consumers, licensees must submit packaging and label applications, pay any fee, and provide pictures or renderings. Inhalable products with non‑marijuana additives must list ingredients and the additive maker. Exit packaging must be certified child‑resistant by a qualified third‑party, and final approval can be held until a license is issued. Labels must list active ingredients like THC and CBD, milligrams per serving, and servings per package, and the department can set per‑sale quantity limits that match legal possession limits. Packaging must be resealable, child‑resistant, and not attractive to children, with a plain white label limited to basic information set by the department.

Ban on synthetic cannabinoids with enforcement

The law bans making, storing, or selling synthetic cannabinoids or products that contain them. It defines synthetic cannabinoids to include chemicals made in labs or by biosynthesis (like yeast or algae) and says any marijuana product with them is a synthetic product. The Department of Revenue can set rules to enforce the ban, and cities and counties can pass local rules. Multiple agencies can inspect businesses for violations. Violators can face drug-distribution, possession, or manufacture charges and a cease‑and‑desist penalty up to $1,000 per day; 50% of penalties go to the Healing and Ending Addiction through Recovery and Treatment account and the rest to the state marijuana revenue account. It is also illegal to sell or give these products to a child; a first offense can bring a fine up to $500 and up to 6 months in jail, and a second offense up to $1,000 and up to 6 months.

THC caps on hemp outside dispensaries

Products with more than 0.3% THC can be sold only by licensed marijuana manufacturers, cultivators, or dispensaries, or be an FDA‑approved drug. If you are not licensed, each serving of a hemp product must have 0.5 mg or less of delta‑9 THC and each package must have 2 mg or less total. Plain, unprocessed hemp flower is exempt from these caps. The law also says hemp, synthetic cannabinoid products, and FDA‑approved drugs are not counted as “marijuana” under this chapter.

Marijuana is not agriculture

The law says marijuana and marijuana products are not agricultural products. The Department of Agriculture does not regulate growing, processing, or selling marijuana unless another law says so. This clarifies which agency oversees marijuana businesses.

What dispensaries can sell and to whom

Licensed adult‑use dispensaries may buy marijuana from licensed cultivators, manufacturers, other dispensaries, or other licensees and sell to adults 21+ and registered medical cardholders. Dispensaries may not sell hemp flower or plants, synthetic cannabinoids or synthetic products, or alcohol from the licensed premises.

Sponsors & Cosponsors

Sponsor

Terry Nelson
Republican • House

Cosponsors

Greg Hertz
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 287 • No: 13

House vote • 3/19/2025

Do Concur

Yes: 47 • No: 3

House vote • 3/18/2025

Do Concur

Yes: 47 • No: 3

House vote • 1/23/2025

Do Pass

Yes: 96 • No: 4

House vote • 1/22/2025