Montana marijuana laws—more specifically, those pertaining to medical cannabis—have changed several times since their implementation in 2004. For this reason, many residents from the Treasure State still ask: "Is CBD oil legal in Montana?" Fortunately, the answer is a pretty simple "Yes," if we're talking about hemp-derived cannabidiol (CBD) oil.
Why Hemp CBD Is Legal Across the U.S.
In 2018, the U.S. Drug Enforcement Administration (DEA) created a new Administration Controlled Substances Code Number for "Marihuana Extract." The reason for this, according to the DEA, is because the United Nations Conventions on international drug control treats extracts from the cannabis plant differently than marijuana or tetrahydrocannabinol (THC).
"The creation of a new drug code in the DEA regulations for marijuana extracts now allows for more appropriate accounting of such materials, consistent with treaty provisions." [1]
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In an internal notice titled "Clarification of the New Drug Code (7350) for Marijuana Extract," the DEA later made it clear that CBD extracted from certain parts of the mature hemp plant are no longer considered “marijuana” and are therefore legal to use and possess. [2]
Fortunately, CBD is readily available and can be obtained online, too. Be sure to get a high-quality CBD oil to ensure efficacy and optimal benefits.
But what if you need marijuana for a medical condition in Montana?
The Montana Medical Marijuana Act now allows for possession of a small amount of cannabis for medical purposes, if you are registered with the Montana Medical Marijuana Program. The program is run by the state Department of Public Health and Human Services (DPHHS), and it has had nearly 30,000 enrollments in October 2018. [6]
The program is well regulated and successfully implemented, with details covering seemingly every conceivable aspect.
To qualify for registration and an ID card, you need to have been diagnosed with one or more of the listed debilitating medical conditions.
Montana Medical Marijuana Program—Qualifying Conditions & Steps to Take for Registration
These conditions, taken as is from the DPHHS website, include:
- Cancer, glaucoma, or positive status for human immunodeficiency virus or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status
- Cachexia or wasting syndrome
- Severe chronic pain that is a persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician
- Intractable nausea or vomiting
- Epilepsy or an intractable seizure disorder
- Multiple sclerosis
- Crohn’s disease
- Painful peripheral neuropathy
- A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms.
- Admittance into hospice care
- Post-traumatic stress disorder (PTSD) [3]
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A medical doctor or doctor of osteopathy must complete and sign a "Physician Statement for a Debilitating Medical Condition" form (downloadable from the DPHHS website). This needs to be submitted together with a registration form, also available on the Department's website.
If the application is successful, you will be issued with a Montana Medical Marijuana Program ID card.
The patient registry list is kept strictly confidential. Only the DPHHS and state and local law enforcement agencies have access.
At the time of writing, a small fee of $5 was payable upon application for program registration or renewal.
Underage patients may also apply, provided their parent or legal guardian agrees to act as the patient's marijuana-infused products provider and control their use of the products. [4]
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Where to Get Medical Marijuana
State regulations furthermore stipulate that all registry card applicants list a so-called Provider or a Marijuana-Infused Products Provider (MIPP) on their application form. The Provider needs to be registered with the DPHHS.
Patients with a registered provider may not possess any more than one ounce of marijuana at any given time.
If no Provider is listed, for whatever reason, Montana marijuana law allows for patients to grow their own cannabis. Each person is allowed no more than four mature plants and four seedlings. [5]
Who Does the Law Protect?
Montana marijuana laws protect all registered Medical Marijuana Program ID cardholders. However, protection doesn't address aspects such as the right of possession at home (if you're not the owner) or at work.
This means that your landlord can successfully evict you for marijuana possession, which is still illegal under federal law. This is especially true if you live in federally subsidized housing.
Also, your employer is not forced by law to accommodate your medical marijuana use. However, if you are state-program registered, your chances of defense against discrimination would likely be stronger. In such a case, and if you need guidance regarding drug testing at work, the services of an attorney are recommendable.
Montana marijuana law does protect registrants of similar medical marijuana programs from out of state.
Caretakers and parent providers are also covered, and they are allowed to grow the stipulated amount of cannabis plants for their patients. [4]
Yet if you use CBD oil for any purpose, you should, by federal law, be protected from prosecution.
CBD Oil Uses
Cannabidiol is known to address a number of health issues, and it could be helpful in the following ways:
- Antiemetic (reduces nausea and vomiting)
- Anti-inflammatory
- Antioxidant
- Antipsychotic
- Anticonvulsant
- Antitumoral/anticancer
- Antidepressant
- Anxiolytic
- Analgesic
The CBD industry is not regulated yet, but the first CBD-based medicine was approved by the FDA this year. The medicine is indicated for intractable epilepsy and severe seizure disorders, and it is considered safe even for children.
Montana marijuana laws are fairly clear, as is the process to obtain and possess medical cannabis legally. Thankfully, hemp-derived CBD is readily available and is 100% legal in all US states. Remember, never attempt to replace any medicine with CBD or medical marijuana without the consent of your prescribing doctor.
Sources:
- https://www.deadiversion.usdoj.gov/fed_regs/rules/2016/fr1214.htm
- https://www.deadiversion.usdoj.gov/schedules/marijuana/m_extract_7350.html
- https://dphhs.mt.gov/Portals/85/marijuana/MMPPhysiciansStatementForDebilitatingMedicalCondition.pdf
- https://www.safeaccessnow.org/becoming_a_patient_in_montana
- https://www.safeaccessnow.org/montana_legal_information
- https://dphhs.mt.gov/Portals/85/marijuana/MMPRegistryOctober2018.pdf
