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Delta-8 and Hemp THC Laws in Montana

How Montana law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Montana bans the manufacture, storage or sale of synthetic cannabinoids and synthetic cannabinoid products, which the law defines to include any cannabinoid produced artificially, by chemical synthesis or biosynthesis. MCA §§ 16-12-117, 16-12-102(39)-(40), 50-31-239

Delta-8 and hemp THC productsMontana bans the manufacture, storage or sale of synthetic cannabinoids and synthetic cannabinoid products, which the law defines to include any cannabinoid produced artificially, by chemical synthesis or biosynthesis. Hemp products sold by anyone may not exceed 0.5 milligram of total delta-9 THC per serving or 2 milligrams per package (unprocessed hemp flower is exempt from this section). Since May 5, 2025 (S.B. 375, effective on passage), a hemp product intended for eating, smoking, vaping or other use that contains total delta-9 THC may not be sold to a consumer unless the U.S. FDA has authorized it as a food or drug. Marijuana products may be sold only by licensed marijuana businesses.
Read in the Montana Code Annotated 2025 (mca.legmt.gov). Synthetic cannabinoid ban: https://mca.legmt.gov/bills/mca/title_0160/chapter_0120/part_0010/section_0170/0160-0120-0010-0170.html. Effective date of S.B. 375 from the Montana Department of Revenue, 2025 Legislative Updates (https://revenue.mt.gov/cannabis/2025-legislative-updates).

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FAQ

Is delta-8 legal in Montana?
Montana bans the manufacture, storage or sale of synthetic cannabinoids and synthetic cannabinoid products, which the law defines to include any cannabinoid produced artificially, by chemical synthesis or biosynthesis. Hemp products sold by anyone may not exceed 0.5 milligram of total delta-9 THC per serving or 2 milligrams per package (unprocessed hemp flower is exempt from this section). Since May 5, 2025 (S.B. 375, effective on passage), a hemp product intended for eating, smoking, vaping or other use that contains total delta-9 THC may not be sold to a consumer unless the U.S. FDA has authorized it as a food or drug. Marijuana products may be sold only by licensed marijuana businesses.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.