Montana

At a Glance

Medical Marijuana Program: Yes
Adult Use / Recreational MMJ: No
Pediatric: Yes
Home grow: Yes – 4 mature plants 4 – seedlings
Possession limit:1 ounce
Reciprocity: No
Legislation: Initiative 148, SB 423
Estimated # of registered patients: 17819
Types of cannabis permitted for use: Marijuana infused products.

Legalization & Important Dates

• November 02, 2004, Montana voters approved Initiative 148 (effective November 02, 2004), essentially removing the state-level criminal penalties on the use, possession and cultivation of marijuana, by patients possessing the medical recommendation from their physician, stating that he or she may benefit from the medical use of marijuana.

• April 28, 2011, SB 423 was passed, and transmitted to Montana’s Governor, on May 03, 2011 — effective July 01, 2011, the application process requires a Montana driver’s license or state issued ID card; and requires a second physician for patients with a chronic pain diagnosis.

• On November 08, 2016, Initiative no. 182 was approved by 56.2% of voters, thereby effectively repealing the the restrictions of SB 143, and reinstating the state’s medical marijuana laws, allowing patients with a debilitating illness and physician’s certified recommendation, to therapeutically use marijuana for medicinal purposes.

Types of Licenses

Testing
Dispensaries – Marijuana Infused Products Provider

Associated Fees

license fees for providers and marijuana-infused products providers are $1,000 for 10 or fewer registered cardholders and
license fees for providers and marijuana-infused products providers are $5,000 for 11 or more registered cardholders and
• The department may revise the fee provided for in subsection (3)(a) as needed to adequately fund the administration of the Montana Medical Marijuana Act and the seed-to-sale tracking system, including operating reserve funds of $250,000. The department shall establish revised fees by rule.
• A provider of both marijuana and marijuana-infused products is required to have only one license.
Provider license is $50.

Qualifying Conditions

• Cancer,
• Glaucoma,
• (HIV/AIDS) 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 persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician and by:
• objective proof of the etiology of the pain, including relevant and necessary diagnostic tests that may include but are not limited to the results of an x-ray, computerized tomography scan, or magnetic resonance imaging; or
• confirmation of that diagnosis from a second physician who is independent of the treating physician and who conducts a physical examination;
• intractable nausea or vomiting;
• Chronic Inflammatory Demyelinating Polyneuropathy;
• 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 in accordance with rules adopted by the department; or
• any other medical condition or treatment for a medical condition approved by the legislature.
• Chronic Pain
• Post Traumatic Stress Disorder

How to Become A Medical Marijuana Patient

1. Patients are required to obtain legitimate medical records or documentation from their primary care physician describing the diagnosis of their qualifying condition To qualify, a patient needs to be diagnosed by a physician as having one of the following debilitating medical conditions that is specifically identified in the law:
2. If a patient is applying with chronic pain as a qualifying condition, the evaluating physician must fill out the Physician’s Statement for a Chronic Pain Diagnosis.
3. If a patient is a minor, the patient’s parent or guardian must fill out a Minor Registry Application Packet, which must be requested from the department by contacting Department of Public Health and Human Services, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953.
4. Patients are required to obtain a signed Physician’s Statement from a physician, currently licensed to practice medicine in Minnesota Patients are required to complete a Montana Medical Marijuana Program Application* Form. Physician’s licensed in the state of Montana are required to fill out the appropriate section of the Medical Marijuana Program Application, indicating that the patient is a “qualifying patient”.
5. The Montana Medical Marijuana Registry is mandatory.
6. The patient registry application fee is $75 for both new applications and renewals.

Card Holder Benefits

Home Grow – 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

Caregivers

Yes, but caregivers may provide for no more than two patients at one time (or three, if the caregiver is also a patient).