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.

Cannabis was a controlled substance under federal law until the 2018 Farm Bill, which legalized certain types of THC products. Montana legalized recreational marijuana in November, 2020.

How Is Delta 9 THC Legal?

Under the 2018 Farm Bill, products containing Delta 9 THC are legal on a federal level in the US, provided they meet the following conditions.

  1. The Delta 9 THC is derived from hemp
  2. Products contain 0.3% or less of THC by dry weight

Following the federal legalization of hemp for industrial purposes, Montana followed up with similar state legislation authorizing the commercialization of Delta 9 THC products. Montana Senate Bill 261 was signed into law in 2001, which authorized the Montana Department of Agriculture to administer a state hemp program and accordingly legalize industrial hemp in consumer products, as well as its large-scale growing and production.

The 2018 Farm Bill

The 2018 Farm Bill authorized the widespread production of hemp derived products on a federal level, and removed hemp from the DEA (Drug Enforcement Administration) list of Controlled Substances.

This Bill differentiated industrial hemp from marijuana, which is cultivated for its high THC content. Federally legal hemp products, according to the Farm Bill, must contain less than 0.3% of THC by dry weight, and the source of THC must be industrial hemp.

Even though hemp is legal on a federal level, each state can determine which hemp-derived products are legal in said state. For example, Delta 8 THC gummies are legal on a federal level but illegal in a number of states.

The 2018 Farm Bill gives states the authority to submit plans to the United States Secretary of Agriculture in order to have primary regulatory control over the production of hemp within their borders. The plans must include procedures for tracking the land on which hemp will be grown, as well as testing, disposal, enforcement, inspection, and certification procedures.

Montana Senate Bill 261  

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.

What is Delta 9 THC?

Delta 9 tetrahydrocannabinol (also known as Delta 9 THC or Δ-9-THC) is one of the many forms of THC found in hemp and marijuana plants. Tetrahydrocannabinols (THC compounds) are among the 113 cannabinoids recognized in cannabis.


Delta 9 THC is found in both hemp and marijuana plants. THC in hemp has been a controversial topic in recent years. Hemp plants contain very low levels of Delta 9 THC, but because of their close relationship to marijuana plants, they are often confused with them. This misunderstanding has led to a great deal of confusion and debate surrounding the legal status of hemp products.

All THC compounds produce psychoactive effects and make you feel high at a sufficient dosage, with Delta 9 THC providing the strongest effects. Our Delta 9 products contain low THC doses: enough for you to experience the many benefits of THC without experiencing unwanted psychoactive effects.

Hemp Derived Delta 9 vs Delta 9

There is no scientific difference between Delta-9 obtained from hemp and Delta-9 derived from marijuana. Hemp and marijuana are both types of the Cannabis sativa plant. They share many of the same chemicals, such as CBD and Delta-9. There are two primary methods through which hemp-derived Delta-9 THC is manufactured.

Isomerization of Delta 9

One method is isomerization, in which manufacturers use chemical processes to turn hemp-derived CBD into Delta-9. Most manufacturers employ isomerization to generate Delta 8, Delta-10, and other common THC isomers. Delta-9 THC obtained in this manner is referred to as hemp-derived rather than hemp-extracted.

Extraction of Delta 9

Another popular technique is to take natural Delta-9 extract from hemp. This can happen during the distillation of other cannabinoids, such as CBD. As this method literally extracts Delta-9 from hemp, it’s referred to as hemp-extracted THC Delta-9.

Both isomerization and extraction remain legal ways to produce hemp Delta-9.

Delta 9 THC Effects

The effects of Delta 9 THC will vary from person to person. Previous experience with THC and the dosage you take will dictate how Delta 9 will affect you. THC users report feeling the following effects to varying degrees, depending on dosage taken:

  • euphoria
  • talkativeness
  • relaxation
  • an increase in appetite
  • perception changes

 

Delta 8 vs Delta 9

Delta 8 THC and Delta 9 THC are both cannabinoids that are found in marijuana. While both Delta 9 and Delta 8 THC offer a variety of potential benefits, they each have their own unique effects.

Delta-9 THC is the most well-known type of THC cannabinoid product. It is the main psychoactive component in cannabis, and it is responsible for the plant's signature "high." Delta-9 THC as a more potent Delta strain of THC is also known for its medical benefits, which include pain relief, anti-inflammatory effects, and more.

A Delta 8 product is less potent than Delta 9 products, making it a good choice for those who are new to cannabis or looking for a more gentle experience.

In terms of medical benefits, both cannabinoids have been shown to be effective at reducing anxiety and pain.

In terms of medical marijuana, Delta 8 THC is sometimes used to treat cancer patients who are undergoing chemotherapy, as it can help to reduce nausea and vomiting. It is also being studied as a potential treatment for Alzheimer's disease and other forms of dementia. Delta 8 has also been shown to help with nausea and appetite loss, while Delta 9 can improve focus and concentration.

However, more research is needed to confirm the efficacy of Delta 8 THC and Delta 9 in these potential applications.

How to Take Delta 9 THC Legally in Montana?

Federal law, as well as Montana state hemp law, permits the cultivation of industrial hemp and the manufacture of hemp products such as CBD oils and CBG oils. It’s easy to find Delta 9 products that are derived from hemp and legal in Montana.

THC products—such as THC concentrates, THC tinctures, THC edibles, THC gummies, and THC vapes—are incredibly popular, and totally legal under Farm Bill specifications both for recreational and medical use as long as they are derived from hemp and don’t exceed 0.3% THC by dry weight. nama CBD offers a wide spectrum of THC gummies, CBD gummies with ashwagandha as well as full spectrum CBD products that contain Delta 9.

All our Delta 9 THC products are Montana legal. Whether you live in Helena, Bozeman, or Butte, you can easily buy Delta 9 THC products from nama CBD online.

To buy legal Delta 9 gummies, Delta 9 THC edibles, THC drink drops, and sleep drops, shop our online store today!

 

THC Products—Delta 9 Gummies

Our Delta 9 gummies are vegan and made from high-quality American hemp. Choose the perfect edible for you from an array of flavors and potencies we offer. No matter which gummy you get, you can rest assured that the product you receive is made from natural ingredients and legal across the US (including Montana). All our Delta 9 THC products meet Farm Bill standards and are thus Federally compliant.

Full Spectrum CBD Products with Delta 9 THC

In addition to Delta 9 edibles, we offer vegan CBD gummies that contain Delta 9 THC. Cannabidiol (CBD) is a naturally occurring compound found in hemp and cannabis that provides countless benefits without inducing a high.

Full spectrum CBD gummies contain both CBD and Delta 9 THC to encourage an entourage effect. This means the benefits of each compound are more pronounced. If you are looking for gummies to help you fall asleep, full spectrum gummies should be your top choice.

If you want hemp gummies that don’t contain THC, we also offer different CBN and CBD edibles like CBN gummies, CBD gummies for sleep, and melatonin gummies.

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Can I Buy Delta 9 Online in Montana?

If you’re looking to buy legal Delta 9 THC edibles in Montana, you’re in luck. All our Delta 9 gummies, as well as our edibles that don’t contain Delta 9, are derived from hemp and are legal in the State of Montana. We offer free shipping for our Delta 9 products to anywhere in Montana, including Calispell, Big Sky, Livingston, Havre, and everywhere else across the state.

Our products go through a rigorous third party testing process, with lab results for each product available on our website. Our gummies are vegan, flavored with fruit, and infused with the finest American 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:

 

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.

Nama CBD FDA & Legal Disclaimer

Our products are not intended to diagnose, treat, cure, or prevent any disease. They are not a replacement for prescription medications and have not been evaluated by the Food and Drug Administration (FDA).

The information provided on this website does not, and is not intended to, constitute legal advice or any statements of the status of any laws. Any information, content, and materials available on this site are for general informational purposes only, and are not intended to be relied upon for any purpose.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter including decisions on what products are, or are not, legal to sell, possess, or consume. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from their own counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or accurate for your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser, and website authors, contributors, contributing law firms, or committee members and their respective employers.

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