Data as of 2026-05-31

Montana

Montana voters approved adult-use cannabis through ballot initiative I-190 on November 3, 2020; its personal-use provisions took effect January 1, 2021, and legal adult-use retail sales began one year later, on January 1, 2022. The market is built on the state's pre-existing medical provider system: only operators licensed before April 27, 2021 could enter adult-use, and SB 27 (2025) then froze the licensed footprint, halting new licensed locations after July 1, 2025. By the close of calendar-year 2025 the state reached $326,917,553 in combined legal sales — $289,354,324 adult-use and $37,563,229 medical — up 0.8 percent over 2024. That works out to $287.5 in legal sales per resident. Adult-use sales rose 4.2 percent year over year while medical sales fell 19.5 percent, continuing a decline from $93.6 million in 2022 to $37.6 million in 2025. Supply is delivered through 343 licensed cultivation facilities and 465 licensed dispensary storefronts as of August 2024. Montana imposes no general statewide sales tax; the only state levy on adult-use cannabis is a 20 percent retail tax, with medical taxed at 4 percent and counties permitted to add up to 3 percent. The state operates no social-equity licensing program. Cannabis tax revenue is directed to substance-abuse treatment, conservation accounts, veterans, and the general fund.

Market

Licensing & Market

Montana publishes a single current licensed count rather than an awarded-versus-operational split, so activation rates cannot be computed. As of August 2024 the state had 343 licensed cultivation facilities, operated by 228 cultivator licensees, and 465 licensed dispensary storefronts, operated by 214 dispensary licensees. That is 301.6 licensed cultivation facilities per million residents and 40.9 licensed dispensary storefronts per 100,000 residents. The market entered adult-use from the prior medical provider system: HB 701 (2021) limited adult-use entry to operators licensed before April 27, 2021, and SB 27 (2025) froze the licensed footprint, with the Cannabis Control Division ceasing to accept applications for new licensed locations after July 1, 2025. There is no published statewide numeric license cap per category; the cap operates through the moratorium. Licenses may change ownership with Cannabis Control Division approval, which makes acquiring an existing license the principal route of market entry under the freeze. Vertical integration is permitted but not required: under MCA 16-12-203(6) a licensed cultivator may also operate dispensaries and engage in manufacturing. At least one applicant with day-to-day operational control must be a Montana resident, and a person who has resided in the state for less than one year is disqualified. Cannabis availability is set at the county level under the I-190 opt-in/opt-out structure; the count of counties permitting adult-use sales is not stated in a sourceable form in the public record. The cultivator license fee is canopy-tier based, from $1,000 at the Micro tier to $37,000 at the top tier; the dispensary license fee is $5,000 per licensed premises. The state tracks product through Metrc.

Field Value Source
Cultivator licenses awarded Not available in the public record —
Cultivator licenses operational 343 [8]
Cultivator activation rate Not available in the public record —
Operating cultivators per million 301.6 [9]
Retail licenses awarded Not available in the public record —
Retail licenses operational 465 [10]
Retail activation rate Not available in the public record —
Dispensaries per 100k 40.9 [11]
Vertical integration allowed [12]
License caps exist Yes [13]
Licenses transferable Yes [14]
Residency required Yes [15]
Residency duration (months) 12 [16]
Municipalities allowing Not available in the public record —
Municipalities total 56 [17]
Municipal opt-in rate Not available in the public record —
Track-and-trace system Metrc [18]
Cultivator application fee $1,000 [19]
Cultivator annual fee $1,000 [20]
Retail application fee $5,000 [21]
Retail annual fee $5,000 [22]
Consumers

Consumer Rules

Adults 21 and over may possess up to 1 ounce of usable cannabis, of which not more than 8 grams may be in concentrate form and not more than 800 milligrams may be THC in edible form. Home cultivation is permitted: an adult may grow up to two mature plants and two seedlings, and a registered medical cardholder up to four mature plants and four seedlings. The per-transaction purchase limit tracks the daily possession ceiling of 1 ounce. Not all product forms are legal — HB 948 (2023) prohibits the manufacture and sale of synthetic and artificially derived cannabinoids, including delta-8 THC, delta-10 THC, THC-O acetate, and HHC, and created an advisory council on synthetic cannabinoid products. Flower, concentrates, edibles, tinctures, and topicals are otherwise permitted, subject to per-serving and per-package THC caps and a ban on products attractive to children. Home delivery of adult-use cannabis is not authorized; dispensaries offer pre-order and curbside pickup only. On-site consumption lounges are not authorized, and public consumption is prohibited; the operating lounge count is zero.

Field Value Source
Home grow allowed Yes [23]
Home grow plant limit 2 [24]
Possession limit (oz) 1 [25]
Delivery legal No [26]
Delivery operational No [27]
Consumption lounges legal No [28]
Consumption lounges count 0 [29]
Purchase limit, flower (oz) 1 [30]
Purchase limit, concentrate (g) 8 [31]
Purchase limit, edibles (mg) 800 [32]
All product forms legal No [33]
Restricted product forms Synthetic and artificially derived cannabinoids (e.g., delta-8 THC, delta-10 THC, THC-O acetate, HHC) are prohibited for manufacture and sale (HB 948, 2023; a synthetic-marijuana products advisory council was created). Flower, concentrates, edibles, tinctures, and topicals are otherwise permitted, subject to per-serving/per-package THC caps and a ban on products attractive to children. [34]
Taxes

Taxation

Montana levies no general statewide sales tax, so the cannabis tax does not stack on top of a general consumption tax as it does in most states. Adult-use cannabis carries a 20 percent tax on the retail price; medical cannabis is taxed at 4 percent. Counties may adopt a local-option cannabis tax of up to 3 percent by vote of the electorate, and most opt-in counties — including the largest markets — levy the full 3 percent, for an all-in adult-use rate of 23 percent where the local tax is in force and 20 percent where it is not. The tax is collected at retail only; Montana imposes no separate wholesale or transfer tax and no THC-potency tiers. The rates have been unchanged since HB 701 established them in 2021; SB 74 (2025) narrowed the taxable base to the post-discount retail price but did not move the rate. Cannabis tax revenue for the most recently published full fiscal year, FY2024, was $51,789,916 — adult-use $49,722,303 and medical $2,067,613 — or $45.54 per resident.

Field Value Source
Excise tax 20% [35]
Excise tax type per price [36]
Sales tax 0% [37]
Wholesale tax Not available in the public record —
Potency tax exists No [38]
Potency tax, flower Not available in the public record —
Potency tax, concentrate Not available in the public record —
Potency tax, edibles Not available in the public record —
Local tax (max) 3% [39]
Local tax (typical) 3% [40]
Total effective rate 23% [41]
Medical tax exempt No [42]
Medical tax rate 4% [43]
Annual tax revenue $51,789,916 [44]
Tax revenue per capita $45.54 [45]
Tax changed since legalization No [46]
Tax direction unchanged [47]
Operators

Operator Data

Total legal sales reached $326,917,553 in calendar-year 2025, of which $289,354,324 was adult-use. Year-over-year growth was 0.8 percent; adult-use sales rose 4.2 percent while medical sales fell 19.5 percent. Sales per resident were $287.5. The Department of Revenue labels its monthly sales figures as estimates that may include discounted prices, so they are an official public estimate rather than audited taxable sales. Montana publishes no official retail or wholesale price index and maintains no fair-market-value tax schedule, so price levels, wholesale compression, and operator margins cannot be quantified from public records — those figures exist only in proprietary point-of-sale data not used here. The state does not publish a peak-versus-current per-category license series, so license attrition cannot be stated; the licensed footprint has been frozen since July 1, 2025. What the public record shows is a high-revenue market at a near-flat growth plateau, with the adult-use channel expanding as the medical channel contracts.

Field Value Source
Wholesale flower ($/lb) Not available in the public record —
Wholesale flower period Not available in the public record —
Wholesale trend Not available in the public record —
Wholesale price compression Not available in the public record —
Retail flower ($/oz) Not available in the public record —
Operator margin Not available in the public record —
Total market sales $326,917,553 [48]
Adult-use sales $289,354,324 [49]
Per-capita sales $254.36 [50]
YoY sales growth 0.8% [51]
License attrition (count) Not available in the public record —
License attrition Not available in the public record —
Peak cultivation licenses Not available in the public record —
Current cultivation licenses 343 [52]
Outcomes

Consumer Data

Montana residents purchased $287.5 of legal cannabis per capita in calendar-year 2025, served by 40.9 licensed dispensary storefronts per 100,000 residents as of August 2024. The state publishes no official retail or wholesale price index, so the direction of retail prices cannot be stated from public sources. It publishes no estimate of legal-market capture — the share of total consumption met by licensed retailers versus the unregulated market — so the degree to which legal supply has displaced the legacy market cannot be stated from public records.

Field Value Source
Per-capita sales $254.36 [50]
Dispensaries per 100k 40.9 [11]
Legal market capture Not available in the public record —
Legal capture source Not available in the public record —
Retail price trend Not available in the public record —
Equity

Equity Programs

Montana operates no statutory cannabis social-equity licensing program. MCA Title 16, chapter 12 contains no equity license tier, priority window, fee waiver, ownership-demographic program, or income cap, and the state maintains no dedicated cannabis social-equity fund. The absence is a feature of how the market was enacted: I-190 and HB 701 created the adult-use framework without an equity component. Licensee ownership demographics, including minority-owned and women-owned shares, are not published. Cannabis tax revenue is directed by statute to the HEART account for substance-abuse treatment, to wildlife habitat, state parks, trails, and nongame wildlife, to veterans, to the Board of Crime Control, and to the general fund; none of these is an impacted-community reinvestment mandate. Expungement exists but is petition-based rather than automatic: under MCA 16-12-113 a person must file to expunge or resentence a conviction for conduct now legal or subject to a lesser penalty. No public count of petitions filed or granted is published.

Field Value Source
Equity program exists No [53]
Equity program type Not available in the public record —
Equity licenses awarded Not available in the public record —
Equity licenses operational Not available in the public record —
Equity activation rate Not available in the public record —
Equity fund exists No [54]
Equity fund size Not available in the public record —
Equity fund disbursed Not available in the public record —
Equity fund disbursement rate Not available in the public record —
Minority ownership Not available in the public record —
Women ownership Not available in the public record —
Community reinvestment Not available in the public record —
Expungement exists Yes [55]
Expungement automatic No [56]
Expungements processed Not available in the public record —
Income cap for equity Not available in the public record —
Enforcement

Enforcement

Montana tracks regulated product seed-to-sale through Metrc and requires testing across eight categories — cannabinoids and potency, moisture content, foreign matter, microbiological screening, mycotoxins, residual solvents, heavy metals, and pesticides — under ARM 42.39.614. The Department of Revenue's cannabis product recall page lists one recall in calendar-year 2025. Beyond these, the state does not publish the operational metrics of enforcement as sourceable public figures: annual inspection counts, enforcement actions against licensees, actions against unlicensed operators, the Cannabis Control Division's budget and staffing, the per-batch testing cost, and the civil-penalty fine schedule are not available in machine-readable form in the public record. The Biennial Report notes the Division collected approximately $375,000 in civil penalties in FY2024 but does not report a count of actions. This section is therefore largely NOT_AVAILABLE — not because enforcement does not occur, but because the regulator does not report these figures in a form that can be sourced for a public reference.

Field Value Source
Track-and-trace system Metrc [18]
Inspections per year Not available in the public record —
Enforcement actions (licensees) Not available in the public record —
Unlicensed-market enforcement actions Not available in the public record —
Regulatory budget Not available in the public record —
Regulatory staff Not available in the public record —
Mandatory testing analytes 8 [57]
Testing cost per batch Not available in the public record —
Product recalls per year 1 [58]
Fine schedule (min) Not available in the public record —
Fine schedule (max) Not available in the public record —
Criminal Law

Penalties & Criminal Law

I-190, effective January 1, 2021, legalized possession of up to 1 ounce for adults 21 and over, and HB 701 (2021) created a civil-infraction band for 1 to 2 ounces above the limit and a petition-based expungement and resentencing mechanism under MCA 16-12-113. No cannabis criminal penalty was increased after legalization; the net direction is lighter. Possession beyond the amounts permitted under Title 16 is criminal possession of dangerous drugs under MCA 45-9-102, punishable by up to 5 years in prison and a fine up to $5,000, with the criminal threshold falling above roughly 56.7 grams, or 2 ounces. Unlicensed cultivation is charged under MCA 45-9-110: up to 5 years and a $5,000 fine, rising to up to 25 years and a $50,000 fine where weight exceeds 1 pound or plants exceed 30. Unlicensed sale is charged under MCA 45-9-101 as criminal distribution, carrying up to 25 years and a $50,000 fine, with up to 40 years for distribution to a minor. Montana sets a 5 nanograms-per-milliliter per se delta-9-THC blood limit for impaired driving under MCA 61-8-1002, a standard that predates legalization and was unchanged by it. Post-legalization arrest counts and racial disparity ratios are not asserted here: no primary state or federal table was available in a sourceable form, and the figures that surfaced came only from secondary synthesis.

Field Value Source
Max penalty, unlicensed cultivation Felony. Unlicensed production/cultivation of marijuana is punishable by up to 5 years in prison and/or a fine of up to $5,000; if the total weight exceeds 1 pound or the number of plants exceeds 30, the penalty rises to up to 25 years and/or a fine of up to $50,000 (MCA 45-9-110). [59]
Max penalty, unlicensed sale Felony. Criminal distribution (unlicensed sale) of marijuana is punishable by up to 25 years in prison and/or a fine of up to $50,000, with enhanced terms for distribution to minors (up to 40 years) (MCA 45-9-101). [60]
Felony threshold (grams) 56.7 [61]
Felony threshold type possession [62]
Penalty, possession over limit Possession of 1-2 oz above the 1 oz legal limit is a civil infraction (approx. $200 fine for a first offense, per Title 16, ch. 12). Possession beyond the amounts permitted under Title 16, ch. 12 is criminal possession of dangerous drugs: up to 5 years in prison and/or a $5,000 fine (MCA 45-9-102). [63]
Penalty, public consumption Consuming marijuana in a public place is prohibited (MCA 16-12-108) and is subject to the civil penalties provided in MCA 50-40-115 (Montana Clean Indoor Air Act). [64]
DUI per se limit (ng) 5 [65]
DUI zero tolerance No [66]
Penalties increased post-legalization No [67]
Penalty direction lighter [68]
Penalty direction details I-190 (effective Jan 1, 2021) made possession of up to 1 oz legal for adults 21+ and HB 701 (2021) created a civil-infraction band (1-2 oz) plus a petition-based expungement/resentencing mechanism (MCA 16-12-113) for prior, now-legal conduct. No cannabis criminal penalty was increased post-legalization. The 5 ng/mL per se THC DUI standard (MCA 61-8-1002) predates legalization and was unchanged. [69]
Post-legalization arrests (annual) Not available in the public record —
Racial disparity ratio Not available in the public record —
Expungement exists Yes [55]
Expungement automatic No [56]

Sources

  1. ↑ U.S. Census Bureau QuickFacts: Montana https://www.census.gov/quickfacts/MT
  2. ↑ U.S. Census Bureau / USPS standard abbreviation for Montana https://www.census.gov/quickfacts/MT
  3. ↑ Freshest data points: MT DOR Cannabis Sales Reports updated through April 2026; DOR licensed-location lists and product-recall notices dated May 2026. License-count fields reflect the DOR Biennial Report vintage (Aug 2024) https://revenue.mt.gov/card/cannabis/sales-reports/
  4. ↑ MT Ballot Initiative I-190 was approved Nov 3, 2020; its personal-use/possession provisions took effect Jan 1, 2021. MT DOR Cannabis Control Division Biennial Report 2022-2024 (CCD Overview) https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  5. ↑ MT DOR Cannabis Control Division Biennial Report 2022-2024 (CCD Overview): 'Legal sales of adult-use cannabis began January 1, 2022.' https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  6. ↑ CALC: first sale (2022-01-01) minus legalization effective date (2021-01-01) = 365 days.
  7. ↑ U.S. Census Bureau Vintage 2024 Population Estimate for Montana = 1,137,223 (July 1, 2024) https://www.census.gov/quickfacts/MT
  8. ↑ MT DOR Cannabis Control Division Biennial Report 2022-2024, Table 8.5 (licensing data as of Aug 2024): 228 cultivator licensees operating 343 licensed cultivation facilities/locations. Reported value is the facility/location count https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  9. ↑ CALC: 343 licensed cultivation facilities / (1,137,223 / 1,000,000) = 301.6 per million.
  10. ↑ MT DOR Cannabis Control Division Biennial Report 2022-2024, Table 8.5 (Aug 2024): 214 dispensary licensees operating 465 licensed dispensary premises/locations. Reported value is the storefront/location count https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  11. ↑ CALC: 465 licensed dispensary storefronts / (1,137,223 / 100,000) = 40.9 per 100K residents.
  12. ↑ MCA 16-12-203(6) — a licensed cultivator 'may operate adult-use dispensaries; may engage in manufacturing.' Vertical integration is permitted but not required; no provision prohibits or mandates it https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0020/section_0030/0160-0120-0020-0030.html
  13. ↑ SB 27 (2025) 'freezes the footprint' of the licensed cannabis industry: the Cannabis Control Division stopped accepting applications for new licensed locations after July 1, 2025 (complete applications due 6/30/25). This extends the prior moratorium (HB 701) under which only pre-April-27-2021 medical operators could enter the adult-use market. MT DOR, SB 27 deadline notice https://revenue.mt.gov/news/recent-news/sb-27-deadline
  14. ↑ Licenses may change ownership with Cannabis Control Division approval under MCA Title 16, ch. 12; because SB 27 froze new-location issuance after July 1, 2025, acquiring an existing license is the principal route of market entry. MT DOR, SB 27 deadline notice; MCA 16-12-203 https://revenue.mt.gov/news/recent-news/sb-27-deadline
  15. ↑ MCA 16-12-203 — a license applicant having day-to-day operational control must be a Montana resident; having 'resided in Montana for less than 1 year' is a disqualifying factor https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0020/section_0030/0160-0120-0020-0030.html
  16. ↑ MCA 16-12-203 — disqualification applies to a person who 'has resided in Montana for less than 1 year' (i.e., a 1-year / 12-month residency requirement) https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0020/section_0030/0160-0120-0020-0030.html
  17. ↑ Montana is composed of 56 counties, which (under the I-190 green/red opt-in/opt-out structure) are the jurisdictions that determine whether adult-use sales are permitted. U.S. Census Bureau QuickFacts: Montana https://www.census.gov/quickfacts/MT
  18. ↑ MT DOR Cannabis Control Division uses Metrc for statewide seed-to-sale tracking. MT DOR Cannabis Regulation / Seed-to-Sale Tracking https://revenue.mt.gov/card/cannabis/seed-to-sale-tracking
  19. ↑ MT DOR Cannabis Control Division Biennial Report 2022-2024, Table 8.6 — cultivator license fee is tier-based (initial and renewal identical), from $1,000 (Micro tier, 250 sq ft) to $37,000 (Tier 12, 50,000 sq ft). Reported value is the entry-tier (Micro) fee https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  20. ↑ MT DOR Biennial Report 2022-2024, Table 8.6 — cultivator renewal fee equals the initial fee (tier-based, $1,000-$37,000). Reported value is the entry-tier (Micro) fee https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  21. ↑ MT DOR Biennial Report 2022-2024, Table 8.5 — dispensary license fee is $5,000 per licensed premises (initial and renewal) https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  22. ↑ MT DOR Biennial Report 2022-2024, Table 8.5 — dispensary renewal fee is $5,000 per licensed premises (initial and renewal identical) https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  23. ↑ MCA 16-12-106 — an adult 21+ may possess and cultivate up to two mature marijuana plants and two seedlings https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0060/0160-0120-0010-0060.html
  24. ↑ MCA 16-12-106 — 'up to two mature marijuana plants and two seedlings' per adult 21+ (registered medical cardholders may grow up to four mature plants and four seedlings) https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0060/0160-0120-0010-0060.html
  25. ↑ MCA 16-12-106 — lawful possession is '1 ounce or less of usable marijuana,' of which not more than 8 grams may be concentrate and not more than 800 mg may be THC in edible form https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0060/0160-0120-0010-0060.html
  26. ↑ Montana statute and rule do not authorize adult-use cannabis home delivery; the 2025 legislative summary notes the enacted legislation 'does not address delivery services, consumption lounges, or penalty modifications.' MT DOR 2025 Legislative Updates https://revenue.mt.gov/card/cannabis/2025-legislative-updates
  27. ↑ No licensed adult-use home-delivery channel operates in Montana; dispensaries offer in-store/curbside pickup of pre-orders only. MT DOR Cannabis FAQ https://revenue.mt.gov/card/cannabis/faqs
  28. ↑ Public consumption of marijuana is prohibited (MCA 16-12-108) and no on-site consumption (lounge) license type is authorized; the MT DOR 2025 Legislative Updates confirm enacted legislation 'does not address... consumption lounges.' https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0080/0160-0120-0010-0080.html
  29. ↑ No consumption-lounge license type exists in Montana; operating count is zero. MT DOR Cannabis FAQ / 2025 Legislative Updates https://revenue.mt.gov/card/cannabis/2025-legislative-updates
  30. ↑ MCA 16-12-106 — the daily possession ceiling of 1 ounce of usable marijuana functions as the per-day purchase limit https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0060/0160-0120-0010-0060.html
  31. ↑ MCA 16-12-106 — not more than 8 grams of the 1-ounce allowance may be in concentrated form https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0060/0160-0120-0010-0060.html
  32. ↑ MCA 16-12-106 — not more than 800 milligrams of THC may be in edible marijuana products within the 1-ounce allowance https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0060/0160-0120-0010-0060.html
  33. ↑ Not all forms are legal: HB 948 (2023) prohibits the manufacture and sale of synthetic/artificially derived cannabinoid products. MT DOR synthetic-marijuana product guidance https://revenue.mt.gov/card/cannabis/2025-legislative-updates
  34. ↑ HB 948 (2023) prohibits synthetic/artificially derived cannabinoids (e.g., delta-8, delta-10, THC-O, HHC) and established a synthetic-marijuana products advisory council; MT DOR Cannabis Control Division Biennial Report 2022-2024 (Legislative History, p.278) https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  35. ↑ MT DOR Cannabis Tax — 20% tax on the retail price of adult-use marijuana (4% on medical) https://revenue.mt.gov/taxes/miscellaneous-taxes-and-fees/cannabis/
  36. ↑ MT DOR Cannabis Tax — the 20% adult-use tax is assessed on the retail price (ad valorem / per-price) https://revenue.mt.gov/taxes/miscellaneous-taxes-and-fees/cannabis/
  37. ↑ Montana levies no general statewide sales tax; the 20% cannabis tax is the only state-level consumption tax on adult-use cannabis. MT DOR https://revenue.mt.gov/taxes/miscellaneous-taxes-and-fees/cannabis/
  38. ↑ MT DOR Cannabis Tax — the cannabis tax is a flat percentage of retail price with no THC-potency tiers https://revenue.mt.gov/taxes/miscellaneous-taxes-and-fees/cannabis/
  39. ↑ MCA 16-12-310 — a county may impose a local-option marijuana excise tax not to exceed 3%, by vote of the electorate, on adult-use and/or medical sales https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0030/section_0100/0160-0120-0030-0100.html
  40. ↑ MT DOR — most Montana counties that have adopted a local-option cannabis tax levy the full 3% rate. MT DOR Cannabis Sales Reports / Biennial Report 2022-2024, Table 8.9 (28 counties with a local-option tax, predominantly at 3%) https://revenue.mt.gov/card/cannabis/sales-reports/
  41. ↑ CALC: 20% state adult-use tax (MT DOR) + 3% local-option tax where adopted (MCA 16-12-310) = 23% in the local-option counties that contain most of the market (state-only rate is 20% where no local tax is in force) https://revenue.mt.gov/taxes/miscellaneous-taxes-and-fees/cannabis/
  42. ↑ Medical marijuana is taxed at 4% of retail price (not exempt). MT DOR Cannabis Tax https://revenue.mt.gov/taxes/miscellaneous-taxes-and-fees/cannabis/
  43. ↑ MT DOR Cannabis Tax — 4% tax on the retail price of medical marijuana https://revenue.mt.gov/taxes/miscellaneous-taxes-and-fees/cannabis/
  44. ↑ MT DOR Cannabis Control Division Biennial Report 2022-2024 — most recent officially reported full fiscal year (FY2024): adult-use $49,722,303 (Table 8.3) + medical $2,067,613 (Table 8.2) = $51,789,916 https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  45. ↑ CALC: $51,789,916 FY2024 cannabis tax revenue / 1,137,223 population = $45.54.
  46. ↑ The 20% adult-use and 4% medical tax RATES have been unchanged since HB 701 (2021). (SB 74 in 2025 narrowed the taxable base to the post-discount retail price but did not change the rate.) MT DOR 2025 Legislative Updates https://revenue.mt.gov/card/cannabis/2025-legislative-updates
  47. ↑ Adult-use and medical cannabis tax RATES are unchanged since the market launched. MT DOR Cannabis Tax https://revenue.mt.gov/taxes/miscellaneous-taxes-and-fees/cannabis/
  48. ↑ MT DOR Cannabis Sales Reports — CY2025 (most recent complete calendar year) total estimated sales: medical $37,563,229 + adult-use $289,354,324 = $326,917,553 (raw monthly rows summed) https://revenue.mt.gov/card/cannabis/sales-reports/
  49. ↑ MT DOR Cannabis Sales Reports — CY2025 adult-use estimated sales = $289,354,324 (raw monthly rows summed Jan-Dec 2025) https://revenue.mt.gov/card/cannabis/sales-reports/
  50. ↑ CALC: CY2025 · adult-use sales $289,354,324 / population 1,137,557 (U.S. Census Vintage 2025) = $254.36. Reconciled adult-use per-capita (matches Operator Outcomes and the ranking page).
  51. ↑ CALC: ($326,917,553 CY2025 - $324,271,965 CY2024) / $324,271,965 = +0.8%. MT DOR Cannabis Sales Reports https://revenue.mt.gov/card/cannabis/sales-reports/
  52. ↑ MT DOR Cannabis Control Division Biennial Report 2022-2024, Table 8.5 (Aug 2024) — 343 licensed cultivation facilities (operated by 228 cultivator licensees) https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  53. ↑ Montana has no statutory cannabis social-equity licensing program; MCA Title 16, ch. 12 contains no equity license tier, priority window, fee waiver, or preference. [SECONDARY] Minority Cannabis Business Association equity map (Montana: no social-equity component) https://minoritycannabis.org/equitymap/montana/
  54. ↑ Montana has no dedicated cannabis social-equity fund; cannabis tax revenue is directed to the HEART (substance-abuse treatment) account, wildlife habitat, state parks, trails, nongame wildlife, veterans, and the general fund. MT DOR Cannabis Control Division Biennial Report 2022-2024 (Tax Revenue Distribution, p.283) https://revenue.mt.gov/files/DOR-Publications/Biennial-Reports/July-1-2022-June-30-2024-Biennial-Report/Biennial-Report-7-1-2022-6-30-2024-Cannabis-Control-Division.pdf
  55. ↑ MCA 16-12-113 ('Decriminalized acts -- petition for expungement or resentencing -- retroactive application') allows a person to petition to expunge or resentence a conviction for conduct now legal or subject to lesser penalty https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html
  56. ↑ MCA 16-12-113 — relief is petition-based; the individual must file (no automatic processing) https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html
  57. ↑ ARM 42.39.614 (adopting the MT DOR Quality Assurance Testing Requirements Appendix, v1.0, Aug 24, 2024) requires 8 test categories: cannabinoids/potency, moisture content, foreign matter, microbiological screening, mycotoxins, residual solvents, heavy metals, and pesticides https://www.law.cornell.edu/regulations/montana/Mont-Admin-r-42.39.614
  58. ↑ MT DOR Cannabis Product Recalls page — one recall notice dated in calendar 2025 (Broughton, Inc. dba Starrbuds, Apr 7, 2025); two further recalls posted in 2026 YTD. Reported value is the CY2025 count https://revenue.mt.gov/card/cannabis/cannabis-product-recalls
  59. ↑ MCA 45-9-110 — unlicensed production/manufacture of marijuana: up to 5 years and/or $5,000; if weight exceeds 1 pound or plants exceed 30, up to 25 years and/or $50,000 https://mca.legmt.gov/bills/mca/title_0450/chapter_0090/part_0010/section_0100/0450-0090-0010-0100.html
  60. ↑ MCA 45-9-101 — criminal distribution of dangerous drugs (including marijuana): up to 25 years and/or $50,000; up to 40 years for distribution to a minor https://mca.legmt.gov/bills/mca/title_0450/chapter_0090/part_0010/section_0010/0450-0090-0010-0010.html
  61. ↑ MCA 45-9-102 — possession of marijuana beyond the amounts permitted under Title 16, ch. 12 (the legal limit is 1 oz; 1-2 oz is a civil infraction) is criminal possession punishable by up to 5 years and/or $5,000; the criminal threshold is therefore possession above ~2 oz (56.7 g) https://mca.legmt.gov/bills/mca/title_0450/chapter_0090/part_0010/section_0020/0450-0090-0010-0020.html
  62. ↑ MCA 45-9-102 — the threshold applies to criminal possession exceeding the limits allowed under Title 16, ch. 12 https://mca.legmt.gov/bills/mca/title_0450/chapter_0090/part_0010/section_0020/0450-0090-0010-0020.html
  63. ↑ MCA 45-9-102 — possession beyond the Title 16 ch. 12 allowance is criminal possession of dangerous drugs (up to 5 years and/or $5,000); the 1-2 oz over-limit band is a civil infraction under Title 16 https://mca.legmt.gov/bills/mca/title_0450/chapter_0090/part_0010/section_0020/0450-0090-0010-0020.html
  64. ↑ MCA 16-12-108 prohibits consuming marijuana in a public place and makes it subject to the penalties in MCA 50-40-115 (Montana Clean Indoor Air Act) https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0080/0160-0120-0010-0080.html
  65. ↑ MCA 61-8-1002 — it is unlawful to drive with a delta-9-THC level (excluding inactive metabolites) of 5 ng/mL or more of blood https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0020/0610-0080-0100-0020.html
  66. ↑ MCA 61-8-1002 — Montana uses a 5 ng/mL per se THC threshold, not zero tolerance https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0020/0610-0080-0100-0020.html
  67. ↑ No cannabis criminal penalty was increased after I-190/HB 701; reforms decriminalized possession up to 1 oz, created a civil-infraction band, and added expungement (MCA 16-12-113) https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html
  68. ↑ Net direction lighter — I-190 (2021) legalized possession up to 1 oz and HB 701 added a civil-infraction band and a petition-based expungement/resentencing mechanism (MCA 16-12-113) https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html
  69. ↑ MCA 16-12-113 (expungement/resentencing) and MCA 16-12-106 (1 oz legal possession). I-190 took effect Jan 1, 2021; HB 701 (2021) implemented the framework, including the civil-infraction band for 1-2 oz https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0130/0160-0120-0010-0130.html
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