Legalization of Medical Marijuana in Montana
Personal use possession of 60 grams or less of marijuana is a misdemeanor punishable by up to 6 months imprisonment and a fine of $100 – $500. A second offense is punishable by up to 3 years imprisonment and/or a fine up to $1,000. Possession of more than 60 grams is a felony punishable by up to 5 years imprisonment and/or a fine up to $50,000. Possession of any amount of marijuana with intent to distribute is a felony punishable by up to 20 years imprisonment and/or a fine up to $50,000.
The Initiative 148, the Montana Medical Marijuana Act, was approved by 62% of the popular voter on November 2, and took effect on November 2, 2004. Medical cannabis was legalized by ballot initiative in 2004, with a failed attempt at repeal by the legislature in 2011, and a ballot initiative has been proposed to legalize recreational cannabis in 2016. The measure allowed the production, possession and use of marijuana by patients with debilitating medical conditions.
Quantity of Marijuana
Medical marijuana qualifying patients, and are registered card holders, are limited to 12 seedlings of marijuana plant, 4 mature flowering plants, and 1 ounce of usable marijuana. Registered cardholders who assign a provider, are not allowed to grow their own marijuana, but rather let their provider do the growing job
Treatment of Illnesses in Montana
Medical Marijuana is used to treat the following health conditions in Montana; 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; Intractable nausea or vomiting; Epilepsy or intractable seizure disorder; Multiple sclerosis; Chron's Disease; Painful peripheral neuropathy; A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms; Admittance into hospice care.
Licensing & Supply
Qualifying patients must register with the Montana Department of Public Health and Human Services and obtain a medical marijuana card. Due to changes with SB 423, all caregivers must now register as “providers.”Providers are allowed to assist a maximum of 3 registered cardholders, of which they, providers, may not accept anything of value, including monetary remunerations, for any services or products provided to a registered cardholder. A district judge passed an injunction that allows providers to grow four plants and dispense one ounce per patient.