“There is probably not a lot product out there after the primary couple of days, for a number of weeks.”
By Max Savage Levenson, Montana Free Press
On January 1, 2022, adult-use leisure marijuana will turn into out there for buy in Montana. The launch of the brand new market raises a variety of questions, from how a lot marijuana a person can possess, to whether or not they can eat it in a nationwide park, to the varieties of merchandise that can be out there for buy.
Learn on for solutions to these questions, and lots of extra, on this Montana Free Press information to the state’s post-prohibition marijuana market.
WHO CAN BUY MARIJUANA IN MONTANA?
Beginning January 1, 2022, any grownup age 21 or older should buy marijuana and marijuana merchandise. That features Montana residents, residents of different American states and territories and worldwide vacationers with legitimate identification.
WHAT DO I NEED TO BRING WITH ME TO A DISPENSARY?
Convey identification proving that you’re 21 years of age.
Nearly all marijuana transactions are in money resulting from ongoing federal restrictions on banking providers for the trade. Convey your personal to keep away from paying ATM charges on the store.
Outlets are required to place your purchases in a plastic, child-proof “exit bag.” On subsequent journeys, carry that reusable exit bag with you to restrict waste and keep away from paying for a brand new one.
Particularly through the opening weeks of the leisure program, carry a superb dose of persistence. Budtenders can be answering plenty of questions from novice shoppers, and contours could also be lengthy.
WILL THE STATE TRACK MY PURCHASES OR PUT ME ON A LIST OF MARIJUANA CONSUMERS?
No. Whereas a enterprise could make a scan of your identification “to find out the buyer’s age,” per House Bill 701, the state’s legalization framework invoice, it will possibly solely hold these information for 180 days. Moreover, dispensaries usually are not permitted to share that data with the state, nor can they switch or promote it to a 3rd celebration.
WHAT KINDS OF MARIJUANA PRODUCTS CAN I PURCHASE AT A MONTANA DISPENSARY?
Clients will be capable of buy a wide selection of merchandise together with marijuana flower (the smokable inexperienced buds), edibles, tinctures, vaporizer cartridges, concentrates and topicals. These merchandise have to be produced throughout the state of Montana.
Marijuana flower can’t comprise greater than 35 p.c THC, the commonest psychoactive compound within the hashish plant (this is applicable solely to leisure gross sales, not medical gross sales). Flower sometimes comprises between 15 p.c and 25 p.c THC, and is offered in varied strains with obscure and vivid names, from Apple Fritter to Peanut Butter Woman and Missoula Kush Cake.
Edibles can be found in lots of varieties, together with sweets, gummies, infused olive oils and extra. A bundle of leisure market edibles can’t comprise greater than 100mg of THC (once more, this doesn’t apply to medical sufferers).
“Concentrates” are extracted hashish oils, which are typically extraordinarily potent and usually are not really helpful for novice shoppers.
Clients will moreover be capable of buy smoking equipment akin to bongs, pipes and dab rigs—a particular kind of glass pipe used to eat concentrates—from pot retailers. These merchandise could be manufactured in-state or imported from elsewhere.
Companies will even be capable of promote CBD merchandise. CBD (technically often called cannabidiol) is usually derived from federally authorized hemp, and is offered in edible, tincture, topical and different varieties. These merchandise could be manufactured inside Montana or imported from different states.
Pot retailers can’t promote hemp plant materials.
IS MARIJUANA TESTED IN MONTANA?
Sure. All merchandise have to be examined for a variety of micro organism, mould and heavy metals, in addition to for efficiency and the varied compounds they comprise. The state is dwelling to a number of testing labs; Fidelity Diagnostics and Stillwater Laboratories are the 2 largest amenities.
ARE SHOPS EXPECTED TO RUN OUT OF MARIJUANA QUICKLY?
Trade stakeholders and enterprise homeowners are bracing for a big inflow of recent prospects which will liquidate their stock shortly.
“There is probably not a lot product out there after the primary couple of days, for a number of weeks,” mentioned Pepper Petersen, president of the trade affiliation Montana Hashish Guild. “Everybody’s been prepping to prepare for this, however nationwide tendencies [in states that have previously legalized] point out a degree of demand three to 5 instances bigger than for medical marijuana.” There might be 200,000 new in-state prospects, he added.
HOW MUCH MARIJUANA CAN I PURCHASE AT A TIME?
Clients will be capable of buy as much as one ounce of marijuana per transaction, or the THC equal in different varieties: 800 milligrams of edibles or eight grams of focus.
Clients usually are not restricted to a single kind of product, and may combine and match as much as the restrict between completely different varieties.
WILL MY PURCHASE BE TAXED?
Sure. All leisure marijuana purchases can be topic to a flat 20 p.c gross sales tax. As of this writing, Missoula, Park and Yellowstone counties have enacted a further local-option 3 p.c tax.
HOW LATE CAN DISPENSARIES STAY OPEN?
Per House Bill 701, leisure and medical marijuana companies can’t open earlier than 9 AM or keep open previous 8 PM.
CAN ONE SHOP SELL ANOTHER BUSINESS’S MARIJUANA OR MARIJUANA PRODUCTS?
Sure. Though Montana’s medical marijuana trade was beforehand vertically built-in, which means that any medical dispensary was required to develop its personal hashish crops and produce some other further merchandise themselves, that restriction has been faraway from each the medical and leisure markets within the adult-use legalization invoice. Because of this, a store can now buy wholesale and promote one other grower’s marijuana flower, gummies, vape cartridges and tinctures.
CAN I BUY MARIJUANA ANYWHERE IN MONTANA?
No. Per HB 701, solely counties the place a majority of residents voted in favor of cannabis legalization through the 2020 election have approved leisure gross sales, and are known as “inexperienced counties.” Counties that didn’t vote in favor of legalization, nonetheless, have the fitting to take a re-vote on the query and swap from a “crimson county” to a “inexperienced county.”
Usually talking, counties in western Montana have been extra amenable to allowing marijuana gross sales.
Yow will discover the total present listing of “inexperienced” and “crimson” counties here.
HOW MUCH MARIJUANA CAN I LEGALLY POSSESS?
Possession of as much as one ounce of marijuana, or its THC equal in edibles, concentrates and different merchandise, is authorized within the state of Montana.
Possession of bigger portions of marijuana remains illegal in Montana. Possession of between one and two ounces is taken into account a civil infraction and topic to fines of as much as $500. Possession of greater than two ounces is taken into account a felony punishable by as much as 5 years in jail and/or fines as much as $45,000.
CAN I DRIVE WITH MARIJUANA IN MY VEHICLE IN MONTANA?
Sure, however there’s an enormous caveat: It have to be in its unopened, authentic packaging and saved exterior of the automotive’s “passenger space.” In different phrases, it’s required to be, per HB 701, both (a) in a locked glove compartment or storage compartment; (b) in a trunk, baggage compartment, truck mattress or cargo compartment; (c) behind the final upright seat of a motorcar that isn’t outfitted with a trunk or (d) in a closed container within the space of a motorcar that isn’t outfitted with a trunk and that isn’t usually occupied by the driving force or a passenger.
The legislation notes that an individual convicted of the offense of illegal possession of a legally permitted amount of marijuana in a motorcar “shall be fined an quantity to not exceed $100.”
IS IT LEGAL TO DRIVE UNDER THE INFLUENCE OF MARIJUANA?
No. Because the Montana Hashish Guild’s Petersen defined, legislation enforcement officers have the jurisdiction to cease anybody driving erratically. If the officer has purpose to imagine the driving force is below the affect of marijuana—i.e., if they will odor marijuana within the automotive, or the driving force’s eyes are crimson—they will transport the driving force to a hospital to manage a DUI check. Refusing a blood check may end up in a short lived suspension of a driver’s license.
Because the drug policy organization NORML points out, a primary offense for drugged driving may end up in imprisonment for between 24 hours and 6 months and fines between $300 and $1,000. Subsequent offenses carry extra critical penalties.
CAN I POSSESS OR CONSUME MARIJUANA ON INDIAN RESERVATIONS IN MONTANA?
This query is extraordinarily sophisticated and contingent on how federal marijuana legal guidelines could also be enforced in Indian Nation, in addition to how every tribe approaches the query of marijuana legalization. Marijuana stays a Schedule I managed substance below federal legislation, though it’s authorized within the eyes of the state.
However, as state Sen. Shane Morigeau, D-Missoula, defined, “tribes have restricted felony jurisdiction over non-Indians.” Requested if tribal courts would prosecute marijuana possession or public consumption fees, he recommended “most likely not,” however acknowledged that federal legislation enforcement stays “a wild card.”
Morigeau recommends enjoying it protected. “Be accustomed to the panorama,” he mentioned. “You’re not on state land, however in a unique territory. Be aware of that framework.”
CAN I POSSESS OR CONSUME MARIJUANA IN NATIONAL PARKS?
No. Since nationwide parks, together with Glacier and Yellowstone, are federal land, the federal prohibition of marijuana stays in impact there as properly. Getting caught with marijuana in a nationwide park can result in a misdemeanor cost.
Because the cannabis news outlet Leafly points out, even guests to nationwide parks from states with authorized marijuana who get charged with possession in a nationwide park could be topic to urine exams even after they return dwelling to their legal-marijuana state.
Representatives of each Glacier and Yellowstone nationwide parks declined to “speculate how the park would possibly cope with a possible inflow of hashish shoppers.”
CAN I CONSUME MARIJUANA IN PUBLIC IN MONTANA?
No. Consuming marijuana in public is punishable by civil fines of as much as $50.
CAN I LEAVE MONTANA WITH MARIJUANA IN MY POSSESSION?
It is usually unlawful to fly with marijuana.
CAN I GROW MY OWN MARIJUANA IN MONTANA?
Sure. Montana residents are permitted to develop and possess as much as two mature marijuana crops and two seedlings at dwelling. These crops can’t be publicly seen—failing to hide them from view may end up in a civil advantageous of as much as $250 and forfeiture of the crops. Home Invoice 701 means that residents can possess a couple of ounce of homegrown marijuana at dwelling, so long as it’s stored in a locked container and never seen to the general public, however doesn’t specify a restrict.
Photograph courtesy of Philip Steffan.