In 1982, the Marijuana Tax Act taxed cannabis at 100% and banned its use. In 2012, Washington legalized marijuana for recreational purposes and in 2016 Montana followed suit. How is a state government supposed to regulate an industry that they previously outlawed? What are the best ways for local governments to move forward on this issue? Etcetera
The “mmmp rules and regulations” is a list of all the rules and regulations for Montana marijuana.
On New Year’s Day 2022, adult-use recreational marijuana will be available for purchase. Here’s everything you need to know about the new legislation, from possession limitations to travel advice.
Adult-use recreational marijuana will be available for purchase in Montana on January 1, 2022. The opening of the new market generates a slew of issues, ranging from how much marijuana a person may have to whether they can consume it in a national park to what items will be available for purchase.
In this MTFP guide to the state’s post-prohibition marijuana sector, you’ll find answers to those questions and many more.
Who can buy marijuana in montana?
Any adult over the age of 21 will be able to buy marijuana and marijuana products starting January 1, 2022. Inhabitants of Montana, residents of other states and territories in the United States, and overseas tourists with acceptable identification are all eligible.
What should I bring with me to a dispensary?
Bring identification that proves you are above the age of 21.
Due to current federal prohibitions on financial services for the marijuana sector, almost all transactions are conducted in cash. To avoid paying ATM fees at the business, bring your own.
Shops are obliged to place your items in a plastic “exit bag” that is child-proof. Bring the reusable exit bag with you on future excursions to save trash and avoid paying for a new one.
Bring plenty of patience, especially during the first several weeks of the recreational program. Budtenders will be fielding a slew of inquiries from newcomers, so expect lengthy lines.
Will the state keep track of my purchases or add me to a registry of marijuana users?
No, according to House Law 701, the state’s legalization framework bill, a firm may scan your identity “to assess the consumer’s age,” but it can only maintain such information for 180 days. Furthermore, dispensaries are prohibited from sharing such information with the state, as well as from transferring or selling it to a third party.
What sorts of marijuana products can I get from a dispensary in Montana?
Customers will be able to buy marijuana flower (the smokable green buds), edibles, tinctures, vape cartridges, concentrates, and topicals, among other things. These items must be manufactured in Montana.
THC, the most frequent psychoactive component in the cannabis plant, cannot be found in more than 35% of marijuana flowers (this applies exclusively to recreational sales, not medical sales). Flower generally includes 15 to 25% THC and comes in a variety of strains with unusual and colorful names, such as Apple Fritter, Peanut Butter Lady, and Missoula Kush Cake.
Chocolates, sweets, infused olive oils, and other edibles are available in a variety of formats. THC cannot exceed 100mg per packet of recreational market edibles (again, this does not apply to medical patients).
“Concentrates” are cannabis oils that have been extracted and are highly strong. They are not suggested for first-time users.
Customers would also be allowed to buy smoking equipment from marijuana stores, including as bongs, pipes, and dab rigs – a sort of glass pipe used to ingest concentrates. These items might be made in-state or imported from another country.
CBD products will also be available for sale by businesses. CBD (also known as cannabidiol) is primarily generated from federally permitted hemp and is available in a variety of forms, including edibles, tinctures, topicals, and other products. These items may either be made in Montana or imported from other states.
Hemp plant material is not allowed to be sold in pot shops.
Is it true that marijuana is tested in Montana?
Yes. All items must be examined for bacteria, mold, heavy metals, potency, and the different substances they contain. The state is home to various testing laboratories, the two biggest of which are Fidelity Diagnostics and Stillwater Laboratories.
Is it likely that dispensaries would run out of marijuana quickly?
Stakeholders in the industry and company owners are ready for a significant flood of new clients who may rapidly deplete supplies.
“After the first couple of days, there may not be much product accessible for many weeks,” said Pepper Petersen, president of the Montana Cannabis Guild, an industry trade group. “Everyone has been preparing for this, but national patterns [in states that have already legalized marijuana] predict a demand three to five times higher than for medicinal marijuana.” He noted that there may be 200,000 more in-state consumers.
What is the maximum amount of marijuana I may buy at one time?
Customers will be allowed to buy up to one ounce of marijuana or the THC equivalent in other forms, such as 800 milligrams of edibles or 8 grams of concentrate, each transaction.
Customers are not restricted to a single sort of goods and may mix and combine multiple types to their hearts’ content.
Will my purchase be subject to taxation?
Yes. A flat 20% sales tax will be applied to all recreational marijuana transactions. Missoula, Park, and Yellowstone counties have passed an extra local-option 3 percent tax as of this writing.
What is the latest that dispensaries may remain open?
House Bill 701 states that recreational and medicinal marijuana shops must open no earlier than 9 a.m. and close no later than 8 p.m.
Is it legal for one establishment to sell marijuana or marijuana goods from another?
Yes. Although Montana’s medical marijuana industry was previously vertically integrated, which meant that any medical dispensary had to grow its own cannabis plants and produce any additional products, the adult-use legalization bill removed that restriction from both the medical and recreational markets. As a consequence, a store may now buy wholesale marijuana flower, edibles, vape cartridges, and tinctures from another producer and sell them.
Is it legal to purchase marijuana in Montana?
No, according to HB 701, recreational sales are only allowed in counties where a majority of citizens voted in support of cannabis legalization in the 2020 election. These are known as “green counties.” Counties that did not vote in favor of legalizing, on the other hand, have the option to re-vote on the issue and change their status from “red” to “green.”
Western Montana counties, on the whole, have been more receptive to allowing marijuana sales.
(Dawson County residents will vote on whether to move from a “red” to a “green” county on December 23.)
What is the maximum amount of marijuana I am allowed to possess legally?
In Montana, it is legal to possess up to one ounce of marijuana, or its THC equivalent in edibles, concentrates, and other products.
Marijuana possession in higher amounts is still banned in Montana. Possession of one to two ounces is deemed a civil violation, and penalties of up to $500 may be imposed. More than two ounces of marijuana is deemed a crime, punishable by up to five years in jail and/or $45,000 in penalties.
Is it legal to drive in Montana with marijuana in my vehicle?
Yes, but there’s a big catch: everything has to be in its original box, unopened, and kept outside the car’s “passenger area.” In other words, it must be kept either (a) in a locked glove compartment or storage compartment; (b) in a trunk, luggage compartment, truck bed, or cargo compartment; (c) behind the last upright seat of a motor vehicle that does not have a trunk; or (d) in a closed container in the area of a motor vehicle that is not normally occupied by the driver or a passenger.
A person guilty of unauthorized possession of a legally permissible quantity of marijuana in a motor vehicle “must be fined an amount not to exceed $100,” according to the legislation.
Is it permissible to drive when high on marijuana?
No, as Petersen of the Montana Cannabis Guild stated, law enforcement authorities have the authority to pull over anybody driving recklessly. If the police has grounds to think the driver is under the influence of marijuana, such as smelling marijuana in the vehicle or seeing red eyes, the officer may transfer the motorist to a hospital for a DUI test. A driver’s license might be temporarily suspended if they refuse a blood test.
According to the drug policy group NORML, a first violation for drugged driving may result in jail time ranging from 24 hours to six months, as well as penalties ranging from $300 to $1,000. Subsequent violations result in harsher penalties.
Is it legal to carry or use marijuana on Montana Indian reservations?
This is a difficult topic to answer since it depends on how federal marijuana laws are implemented in Indian Country, as well as how each tribe views marijuana legalization. Marijuana is still classified as a Schedule 1 restricted drug under federal law, despite the fact that it is legal in California.
“Tribes have limited criminal jurisdiction over non-Indians,” said state Sen. Shane Morigeau, D-Missoula. When asked whether marijuana possession or public consumption offenses will be prosecuted in tribal courts, he said “probably not,” but admitted that federal law enforcement is still “a wild card.”
Morigeau advises being cautious. “Get to know the terrain,” he said. “You’re not on state soil; you’re in another country.” Keep that framework in mind.”
Is it legal to have or use marijuana in national parks?
No, since national parks, such as Glacier and Yellowstone, are owned by the federal government, the federal ban on marijuana remains in force. If you’re found with marijuana in a national park, you’ll be charged with a misdemeanor.
Even visitors to national parks from states where marijuana is legal who are charged with possession at a national park may be subjected to urine testing even after they return home to their legal-marijuana state, according to the cannabis news site Leafly.
“Speculate how the park would manage with a hypothetical surge of cannabis users,” representatives from Glacier and Yellowstone national parks refused to say.
Is it legal to smoke marijuana in public in Montana?
No, public use of marijuana is punishable by civil penalties of up to $50.
Is it legal for me to leave Montana with marijuana on my person?
No. It is unlawful to cross state boundaries while in possession of marijuana. Idaho and Wyoming, Montana’s neighboring states, have stringent marijuana possession regulations.
Flying while high on marijuana is likewise prohibited.
Is it legal to cultivate marijuana in Montana?
Yes. Montana citizens are allowed to have up to two mature marijuana plants and two seedlings in their homes. Those plants must be hidden from public view; failure to do so may result in a civil fine of up to $250 and the plants’ seizure. House Bill 701 proposes that citizens may have more than one ounce of cultivated marijuana at home provided it is stored in a closed container and out of sight of the public, but it does not define a maximum.
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The “Montana marijuana card renewal” is a process that needs to be done every year. It allows users to renew their medical marijuana cards. Reference: montana medical marijuanas card renewal.
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