Is Delta 8 THC Legal in Montana?

NO - Delta 8 THC is Not Legal in Montana

Delta 8 THC is not legal in Montana. The state passed HB 948 in May 2023, prohibiting the sale and possession of synthetically derived hemp and marijuana THC products, including Delta 8 THC​. This means that in Montana, it is illegal to manufacture, process, or sell intoxicating hemp products such as Delta 8 THC, Delta 10, THC-O, THCV, HHC, CBN, etc., to consumers.

Legal Status of Delta 8 THC in Montana

In Montana, the legal status of Delta 8 THC is directly influenced by House Bill 701 (HB 701), which was signed into law by Governor Greg Gianforte in 2021. This legislation updated the state's approach to cannabis, including the regulation of hemp-derived products. Specifically, HB 701 defines marijuana to include all tetrahydrocannabinols, regardless of their source, except for those specifically defined as "hemp" under state law. Hemp is defined as cannabis with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.

Delta 8 THC, being a tetrahydrocannabinol derived from hemp but psychoactive similarly to delta-9 THC, falls into a gray area under federal law due to the 2018 Farm Bill, which legalized hemp and its derivatives with less than 0.3 percent delta-9 THC. However, state laws like Montana's HB 701 have moved to clarify this ambiguity by including all forms of THC under the umbrella of regulated substances, unless explicitly exempted as hemp. Therefore, while not mentioned by name, Delta 8 THC products that cause intoxication are effectively regulated under this law, aligning with the state's stance on controlled substances.

For a comprehensive understanding of Montana's legislation on cannabis and hemp-derived products, including Delta 8 THC, it is advisable to review the full text of HB 701 and related legal documents available through the Montana Legislature's website or legal resources. These documents provide detailed information on the legal definitions, restrictions, and penalties associated with the use, production, and sale of cannabis products in Montana.

MONTANA CODE ANNOTATED 2019 - EFFECTIVE FROM 8/24/2019

TITLE 80. AGRICULTURE. Chapter: 4 INDUSTRIAL HEMP PROGRAM. Subchapter: Hemp Definitions and License Applications

4.19.101 DEFINITIONS

(2) “Hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with delta-nine tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.

(3) “Hemp plant extract” means a processed product from hemp plant or floral material including but not limited to oil, powder, cake, pellet, etc.

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TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. Part 1. General Provisions

50-32-101. Definitions.

(18) ”Marijuana (marihuana)” means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.

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TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. Part 2. Scheduling of Dangerous Drugs

50-32-222. Specific dangerous drugs included in Schedule I.

(4) Hallucinogenic substances. (ff) tetrahydrocannabinols, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:

(i) delta 1 (delta 9) cis or trans tetrahydrocannabinol and its optical isomers;

(ii) delta 6 cis or trans tetrahydrocannabinol and its optical isomers; and

(iii) delta 3,4 cis or trans tetrahydrocannabinol and its optical isomers;

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