Is Delta 9 THC Legal in Montana?

Certain types of Delta 9 THC products are legal in Montana, including all our THC gummies and Delta 9 edibles.

Read on for the full scoop on the legality of Delta 9 THC in Montana.

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How is Delta 9 THC legal in Montana?

What is Delta 9 THC?

What are the effects of Delta 9 THC?

Which Delta is the strongest-Delta 8 vs Delta 9?

Is it legal to buy Delta 9 THC online in Montana?

How do I find Delta 9 gummies in Montana?

Personal THC consumption was legalized in Montana in 2020, which ended cannabis prohibition in the state and replaced it with a system to tax and regulate cannabis for adults 21 and over. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, Montana chose to legalize the production and sale of certain hemp-derived THC and CBD products.

On May 4, 2001, Governor Steve Bullock signed the Montana Senate Bill 261 into law. Senate Bill 261 is comprehensive legislation that regulates and legitimizes the inclusion of industrial hemp in consumer products. The law allows hemp-derived THC to be used in consumer products and consumables.

As of Jan. 1, 2022, any adult age 21 or older can purchase marijuana and marijuana products. That includes Montana residents, residents of other American states and territories, and international travelers with valid identification. Customers will be able to purchase a wide array of products including marijuana flowers (the smokable green buds), edibles, tinctures, vaporizer cartridges, concentrates, and topicals. These products must be produced within the state of Montana.

Montana residents can purchase up to one ounce of marijuana per transaction, or the THC equivalent in other forms: 800 milligrams of edibles or 8 grams of concentrate.

According to the 2018 Farm Bill, hemp and hemp-derived products are legal in all states from a federal perspective. However, it’s worth noting that hemp is defined as cannabis having a maximum of 0.3% Delta 9 THC.

While some states have purposefully made hemp-derived products, like Delta 8 THC, illegal, others like Montana allow cannabis and derived products regardless of THC content.

Medical Marijuana in Montana

Montana passed its first medicinal marijuana law in 2004. While patients and companies requested legal protections and appropriate rules for medical marijuana providers, lawmakers attempted to overturn the statute and effectively end the medical marijuana program. Montana's medical marijuana law was amended in 2016 to eliminate the most harmful aspects while also establishing a basic regulatory structure for businesses that serve patients, which had previously been missing from the statute.

Residents may register with the program after obtaining a recommendation from a licensed physician. The recommendation is submitted to the state’s regulatory agency, the Department Public Health and Human Services. The registration must be renewed every 12 months.

The state of Montana issues a medical card for qualifying patients which are available by registering with the state. In Montana, medical marijuana cards dramatically reduce the amount of taxes you have to pay to purchase your cannabis for qualifying medical conditions.

According to Montana state regulations:

• Patient possession limits: A registered cardholder who has named a provider may possess up to one ounce of usable marijuana. A registered cardholder who has not named a provider may possess up to 4 mature plants, 4 seedlings, and the amount of usable marijuana allowed by the department by rule. If two or more registered cardholders share a residence and have not named providers, the cardholders may have a maximum of 8 mature plants, 8 seedlings, and the amount of usable marijuana allowed by the department by rule.
• Qualified medical marijuana patients in Montana have the benefit of shopping at medical cannabis dispensaries

Production of Industrial Hemp

Sec. 1 Definitions

(1) "Industrial hemp" means all parts and varieties of the plant Cannabis sativa L. containing no greater than 0.3% tetrahydrocannabinol.

(2) "Marijuana" means all plant material from the genus cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.

Section 2. Industrial hemp authorized as an agricultural crop.

Industrial hemp which has no more than 0.3% tetrahydrocannabinol is considered an agricultural crop in this state. Upon meeting the requirements of [section 3], an individual in this state may plant, grow, harvest, possess, process, sell, or buy industrial hemp if the industrial hemp does not contain more than 0.3% tetrahydrocannabinol.

Sec.3 Industrial hemp -- licensing.

(1) An individual growing industrial hemp for commercial purposes shall apply to the department for a license on a form prescribed by the department.

(2) The application for a license must include the name and address of the applicant and the legal description of the land area to be used for the production of industrial hemp.

  (3) The department shall require each first-time applicant for a license to file a set of the applicant's fingerprints, taken by a law enforcement officer, and any other information necessary to complete a statewide and nationwide criminal history check with the criminal investigation bureau of the department of justice for state processing and with the federal bureau of investigation for federal processing. All costs associated with the criminal history check are the responsibility of the applicant. Criminal history records provided to the department under this section are confidential. The department may use the records only to determine if an applicant is eligible to receive a license for the production of industrial hemp. If the applicant has completed the application process to the satisfaction of the department, the department shall issue the license, which is valid until December of that year. An individual licensed under this section is presumed to be growing industrial hemp for commercial purposes.

(4) The licensing requirements of [sections 1 through 7] do not apply to employees of the agricultural experiment station or the Montana state university-Bozeman extension service involved in research and extension-related activities.

Section 4. Industrial hemp production -- notification requirements.

(1) Each licensee shall file with the department:

(a) documentation showing that the seeds planted are of a type and variety certified to have no more than 0.3% tetrahydrocannabinol; and

(b) a copy of any contract to grow industrial hemp.

(2) Each licensee shall notify the department of the sale or distribution of any industrial hemp grown by the licensee, including the name and address of the person receiving the industrial hemp.

FAQ on Delta 9 Montana Legality

Are Delta 9 gummies legal in Montana?

Yes, Delta 9 gummies are legal in Montana. You can buy Delta 9 gummies online or in-store without any restrictions.

All our Delta 9 gummies are legal for you to buy in Montana. Shop now!

What is stronger, Delta 9 or Delta-8?

Generally, Delta 9 THC is stronger than Delta 8 THC. According to a recent study, the effects of Delta 8 are much milder, with participants comparing this compound to ‘Delta 9’s younger sibling’. Due to their milder effects, Delta 8 gummies are a great choice for people new to products containing hemp.

How strong is Delta-9 THC?

The strength of Delta 9 and its effect on a person depends on 2 factors:

1. The dose of Delta 9 taken
2. How accustomed the consumer is to taking Delta 9 THC

Additionally, the following factors also influence how Delta 9 affects the person taking it:

• What is the consumption method? Some THC substances travel through the lungs and become accessible more quickly (like vaping or smoking). Some products must be digested (like edibles, gummies, oils, or capsules). These various forms may influence how long it takes to affect your brain and how powerful Delta 9 will affect you. Some forms of consumption have a quick and intense impact, while others have a longer, constant, and less obvious psychoactive effect.
• What is the quality of the Delta 9 used? Is it pure? Is it saturated with chemicals or other substances? What percentage of Delta 9 THC is consumed? Higher levels have far greater impacts.
• How often is the product used? If you take Delta 9 THC and other cannabinoids on a daily basis, they will remain in your system and influence how responsive you are to new inputs of Delta 9.

Is Delta 8 THC legal in Montana, 2022?

Delta 8 is illegal in Montana, but if you live in another state, you can buy our Delta 8 gummies.

The Drug Enforcement Administration (DEA) released a Rule that addressed the legality of "synthetically generated tetrahydrocannabinols," among other things.

Although the Rule does not address the unexpected flow of Delta 8 products on the market, it confirms the illegal status of "synthetically produced THCs."

Because the hemp plant naturally generates minimal levels of Delta 8, manufacturers have used hemp-derived CBD to turn it into Delta 8 via isomerization.

Converting one chemical component into another, in this case a tetrahydrocannabinol, might be problematic since it permits the DEA to classify Delta 8 as a "synthetically generated tetrahydrocannabinol."

Is CBD legal in Montana?

Because hemp is legal in Montana, CBD extracted from hemp is legal too. Montana Senate Bill 176 was passed in May 2019, allowing the state's Department of Agriculture to implement a certified hemp plan and program. The regulation, which matches the farm bill's difference between cannabis and hemp, requires that dried hemp have no more than.3% THC by weight.

The Montana Department of Public Health and Human Services (DPHHS) holds the position that non medical consumers are qualified to make their own decisions about hemp derived CBD products. CBD products containing more than 0.3% THC should be regulated under the Montana Medical Marijuana Program.

Is Delta-9 legal in all 50 states?

In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound Delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).

These products are now legal in 48 states which essentially follow the Farm Bill when it comes to Delta-9 legalization. Idaho and Kansas are the only two states where hemp Delta 9 is explicitly banned.

Is Delta 9 an indica or sativa?

Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.

Do Delta 9 Gummies show up on a drug test?

Yes, even if you consume legal Delta 9 Gummies, you may fail a drug test. If you only took Delta 9 once, it will likely be cleared from your urine in four days or less. If you have taken it habitually, it can take a month or more to clear your system for a drug test.

Where to buy Delta 9 in Montana?

In Montana, you can buy Delta 9 products from nama CBD. Shop now!

Avoid purchasing hemp Delta 9 THC products from any unauthorized merchant, including strangers on the internet, on social media outlets, or forums. The risk of purchasing a fake product is significantly high. Furthermore, businesses that sell hemp-infused items must be registered with the state.

Is Delta-10 legal in Montana?

Scientists classify Delta 10 THC as semi-synthetic since it is created by substantially altering the CBD component. This is where the legal difficulties of Delta-10 enter in. In its Interim Final Rule, the Drug Enforcement Administration (DEA) affirmed that "all synthetically generated tetrahydrocannabinols remain Schedule I Controlled Substances."

As a result, it is advised to avoid purchasing Delta -10 products online in Montana.

Is THC-O legal in Montana?

THC-O is currently legal in Montana. Although it is federally legal, THC-O is not legal in all US states, and many have revoked its legal status in recent years due to its potency. If you consume THC-O in Montana, keep track of any changes to hemp industry laws that may jeopardize its legality status.

Is Delta 9 federally legal?

The Farm Bill that was passed in 2018 made it legal in the United States to grow and sell hemp-derived products that contain 0.3% or less Delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.

However, some states have additional restrictions on Delta-9 THC, and California is the only state with general restrictions on hemp-derived Delta-9 THC. These restrictions involve testing requirements and packaging restrictions.

Despite these restrictions, hemp Delta 9 products are still legal in 48 states, making them widely available to consumers across the country.

What states can you get Delta-9?

Although the baseline law for legality of Delta 9 products is the 2018 Farm Bill, which most states simply transcribe into their state laws, some states have taken different approaches. Some states keep hemp delta-9 as legal, others restrict Delta 9 through regulation or outright banning it.

Hemp-derived Delta 9 products are legal in 42 states, plus Puerto Rico and D.C., with these states essentially following the Farm Bill when it comes to Delta-9

Hemp-derived CBD products are legal in Kansas but only if they contain 0% Delta-9 THC.

Idaho and Kansas are the only two states where hemp delta-9 is explicitly banned.

You can buy nama CBD Delta 9 products legally in the following states:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Montana
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts 
• Michigan
• Minnesota 
• Mississippi  
• Missouri  
• Montana 
• Nebraska 
• Nevada 
• New Hampshire  
• New Jersey 
• New Mexico 
• New York  
• North Carolina 
• North Dakota
• Ohio  
• Oklahoma
• Oregon 
• Pennsylvania 
• Rhode Island 
• South Carolina 
• South Dakota 
• Tennessee 
• Texas 
• Utah 
• Vermont 
• Virginia
• Washington 
• West Virginia 
• Wisconsin
• Wyoming

Does Delta 9 show up on drug tests?

Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.

Can I fly with Delta 9 gummies?

Yes, you can fly to and from 49 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in your destination country will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.