Is weed legal in Montana?

Guess what Montana, weed is legal! Well sort of…

After a long and controversial campaign, Montana voters have approved complementary ballot initiatives I-190 and CI-118, which amended the state constitution to allow for recreational marijuana use for adults 21 and older. However, just because weed is now legal in the treasure state, doesn’t mean you can’t be fined or even charged with a crime for violating the guidelines for recreational use.  

Lawful and Unlawful at the Same Time

As of 2021, Montana residents age 21 and older may now possess, use, and even grow up to one ounce of marijuana or 8 grams of concentrate without fear of prosecution. But don’t plan a trip to the dispensary just yet. While the passing of I-190 removed the criminal penalties for small amounts of marijuana, sales for adult use won’t begin until 2022 and marijuana remains illegal in many circumstances. 

Until recreational sales begin, buying or selling marijuana in any amount (except by a licensed provider) remains a felony offense, and can result a hefty fine or even prison time depending on the circumstances. So while you can’t be punished for having or using a small amount of marijuana, you can be punished for buying or selling it.

On top of that, while the passing of I-190 made marijuana legal for adults, anyone caught with more than an ounce faces the possibility of serious criminal charges. Montana has been known for strict marijuana laws, and being charged with a crime for breaking them has the potential to change your life forever. 

But wait, if recreational sales don’t start till next year, how do I get weed?

Fear not! Along with legalizing recreational marijuana, I-190 also allows for adults to plant and grow up to four marijuana plants and four seedlings for their own personal use. Just make sure the plants are away from public view and grown on a private residence in a closed area with a lock. However, before trying your hand at gardening, just remember that having more than an ounce of marijuana is illegal regardless of whether you grew it yourself. Oh and don’t sell it unless you’d prefer to garden in prison.

If you’ve been charged for the possession of marijuana in Bozeman or anywhere else in Montana, finding an attorney to represent you is the first step to getting your record clean. Emma Buescher is an experienced attorney who represents clients in Montana who have been charged with possession of marijuana or any other marijuana offense.

This blog post is not legal advice and specific legal advice varies on a case by case basis. Contact a criminal defense attorney for help.