MontanaHB 63669th Legislature, Regular Session (2025)HouseWALLET

Generally revise marijuana laws

Sponsored By: Jodee Etchart (Republican)

Became Law

Alcohol and Drugs

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Bill Overview

Analyzed Economic Effects

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

Higher fees and stricter dispensary licensing

Beginning July 1, 2026, dispensary license fees are $5,000 per location at application and each renewal. Applicants in counties that voted against Initiative 190 must show local approval under 16‑12‑301 (unless 16‑12‑201(2) applies). The department will review each proposed dispensary for compliance with 16‑12‑207 and 16‑12‑210 at application and renewal. An adult‑use and a medical dispensary may share one address only if the same person owns both.

Stronger security and inspections for businesses

Beginning July 1, 2026, growing, processing, testing, and storage must happen only at department‑approved licensed sites in enclosed, secure areas. Operations cannot be visible from the street or other public areas. The department may inspect licensed premises and review books and records during normal business hours. No one under 18 may work or volunteer for a licensed marijuana business.

THC limits and patient allowances

Beginning July 1, 2026, the law sets THC caps by product. Flower is limited to up to 1 ounce and no more than 35% THC. Capsules may have up to 100 mg THC per capsule and up to 800 mg per package. Tinctures may have up to 800 mg per package. Edibles are capped at 100 mg THC per package, and a single‑serving THC limit applies. Topicals are capped at 6% THC and 800 mg per package. Suppositories and transdermal patches may have up to 100 mg per unit and up to 800 mg per package. All other products are limited to 800 mg per package. Edible packages may vary by 10% above or below the allowed THC amount. Dispensaries may sell higher‑potency products to registered cardholders. The department may set rules that establish or limit THC content at dispensaries.

Child-safe packaging rules for marijuana businesses

Beginning July 1, 2026, sellers must use resealable, child-resistant exit packaging that meets federal child-resistance rules. Labels can show only the seller name and logo, product name, THC or CBD content, required health warnings, and ingredients, on a white label that meets department standards. Before selling to consumers, businesses must get state approval for each package and label and submit a fee, third‑party child‑resistant certification, pictures, and inhalable additive details; a prototype may be required. The law defines exit packaging as a sealed, child‑resistant container placed around items at the point of sale. Edible candies cannot be in shapes or packages that attract children or look like regular candy.

New sales controls at dispensaries

Beginning July 1, 2026, dispensaries cannot sell hemp flower, hemp plants, synthetic cannabinoids, or alcohol from licensed premises. Products must be sold and labeled by THC concentration, not by weight. Staff may not complete a sale that would put a customer over the legal possession limits in 16‑12‑106 or 16‑12‑515.

Who can buy at dispensaries

Beginning July 1, 2026, adult‑use dispensaries can sell to general consumers and to registered medical cardholders. Medical dispensaries may sell only to registered cardholders.

Sponsors & Cosponsors

Sponsor

Jodee Etchart
Republican • House

Cosponsors

Denley Loge
Republican • Senate
Lukas Schubert
Republican • House

Roll Call Votes

All Roll Calls

Yes: 248 • No: 45

House vote • 4/11/2025

Do Concur

Yes: 35 • No: 13

House vote • 4/10/2025

Do Concur

Yes: 35 • No: 12

House vote • 3/7/2025

Do Pass

Yes: 85 • No: 14

House vote • 3/6/2025