Is CBD Legal in Montana? State Hemp Rules in 2026

In short

As of November 3, 2026, hemp is legal in Montana, but a 2025 law bars selling a hemp product that contains total delta-9 THC to a consumer, unless the FDA has authorized it as a food or drug. The Department of Revenue's synthetic cannabinoid page says this law bans hemp products with any level of total THC. But in a March 20, 2026 rule notice, the same department said natural cannabinoid products sourced from hemp can be sold in licensed dispensaries if total delta-9 THC stays within 0.5 mg per serving and 2 mg per package. We found no court ruling or health department guidance that settles how the two fit together.^{[1, 2, 3, 4, 5]}

Montana also bans making, storing, or selling synthetic cannabinoids. Since March 21, 2026, Department of Revenue rules name delta-8 THC, delta-10 THC, HHC, THC acetate esters (THC-O), and several others as synthetic cannabinoids. The state health department's food policy says CBD may not be added to food or dietary supplements.^{[4, 5, 6, 7]}

Marijuana is legal in Montana for registered medical cardholders and adults 21 and older. It may be sold only by licensed businesses.^{[5, 8, 9]}

At a glance

How Montana defines hemp

Montana law defines hemp as Cannabis sativa L. and any part of the plant, including seeds, derivatives, extracts, cannabinoids, isomers, acids, and salts, with a total delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. The term does not include synthetic cannabinoids.^[1]

Synthetic cannabinoids include any cannabinoids produced artificially, whether by chemical synthesis or by biosynthesis using organisms such as yeast and algae.^{[1, 11]}

The Montana Department of Agriculture runs the state hemp program under a plan approved by the U.S. Department of Agriculture, effective January 27, 2023. The plan covers licensing, sampling, and testing for total THC. The department also requires a hemp processor license to process hemp flower or root extracts.^{[12, 13]}

THC limits for hemp products

Senate Bill 375 (Chapter 394, Laws of 2025) says that, unless authorized as a food or drug by the FDA, a hemp product containing total delta-9 THC may not be sold to a consumer in the state. It took effect when the governor signed it on May 5, 2025, and it is codified at Mont. Code Ann. § 50-31-239.^{[2, 10, 17]}

A consumer is a member of the public who takes the product and does not resell it. A hemp product is any product with postharvest hemp meant for consumption, smoking, vaping, or another method of use. The Department of Revenue's synthetic cannabinoid page describes the law as banning hemp products with any level of total THC.^{[2, 3]}

A separate section, first passed in 2023 and rewritten by House Bill 49 in April 2025, says hemp and hemp products sold by any person may not exceed 0.5 mg total delta-9 THC per serving or 2 mg per package. That section does not apply to unadulterated hemp flower.^{[5, 18]}

In a March 20, 2026 notice adopting new rules, the Department of Revenue said natural cannabinoid products sourced from hemp can be sold in licensed dispensaries if total delta-9 THC stays within 0.5 mg per serving and 2 mg per package. That notice does not mention the 2025 law. The department's synthetic cannabinoid page, by contrast, says the 2025 law bans hemp products with any level of total THC. As of November 3, 2026, we found no court ruling or health department guidance that settles how the two laws fit together.^{[2, 3, 4, 5]}

Synthetic cannabinoids, including delta-8

According to the Department of Revenue, synthetic cannabinoid products became illegal on May 22, 2023, when the governor signed House Bill 948. The law says a person may not manufacture, process, store, or offer for sale a synthetic cannabinoid or synthetic cannabinoid product.^{[3, 5]}

House Bill 49, signed on April 7, 2025, renamed the term to synthetic cannabinoid, added storage to the ban, barred these products from adult-use dispensaries, and gave the state power to write rules on what counts as synthetic. It also rewrote the section that caps THC in hemp products at 0.5 mg per serving and 2 mg per package. Using its new rulemaking power, the Department of Revenue adopted rules defining natural and synthetic cannabinoids, effective March 21, 2026.^{[4, 10, 18]}

The rules (ARM 42.39.701 and 42.39.702) name delta-8 THC, delta-10 THC, delta-7 THC, HHC and related hydrogenated forms, THC acetate esters (THC-O), THCP and other THC alkyl analogs, exo-THC, H4-CBD, and dronabinol, among others, as synthetic cannabinoids. The department may add other cannabinoids if they are new compared with known natural ones or appear at levels the plant cannot produce naturally.^{[4, 6]}

Under the rules, THC made by converting natural THCA with a chemical catalyst counts as synthetic, while THC made from natural THCA without a chemical catalyst, for example with heat, does not. A certificate of analysis alone is not treated as clear and convincing evidence of whether a product contains synthetic cannabinoids.^{[4, 6]}

The Department of Revenue's consumer page explains that many of these products start as hemp CBD that is chemically converted into other cannabinoids. It lists delta-8, delta-10, THC-O-acetates, THCV, THCP, HHC, HHC-O-acetate, HHCP, and CBN as common examples. THCV and CBN are not named in the rule's list. Montana's Schedule I drug list also names delta-8 THC among the tetrahydrocannabinols.^{[3, 6, 19]}

Food, selling, and labels

The Department of Public Health and Human Services policy on hemp in food (revised January 8, 2021) says added CBD, THC, or other extracts from any cannabis plant are not allowed in food or dietary supplements. Food-grade hulled hemp seeds and oil from those seeds are allowed in certain food types, if the food is marketed without health claims.^[7]

We did not find a state retail license for CBD products, a rule on online sales or delivery, or labeling and lab-testing rules for CBD products. The Department of Agriculture requires a hemp processor license to process hemp flower or root extracts, and it says hemp-derived products sold at retail remain subject to FDA and state health department rules.^[13]

The Department of Revenue's consumer page suggests asking for test results to confirm a product has no synthetic cannabinoids. Under the department's 2026 rules, a certificate of analysis alone is not treated as clear and convincing evidence of whether a product contains synthetic cannabinoids.^{[3, 4, 6]}

Medical and adult-use marijuana

Initiative 190, approved by voters on November 3, 2020, created Montana's adult-use marijuana law. Adults 21 and older, and registered cardholders, may possess up to 1 ounce of usable marijuana, with no more than 8 grams of concentrate and 800 mg of THC in edibles. At home, an adult may grow up to two mature plants and two seedlings; a registered cardholder may grow four of each.^{[8, 11]}

The Department of Revenue's Cannabis and Alcohol Regulation Division regulates both medical and adult-use marijuana. Its rules bar marijuana products that contain any synthetic cannabinoids, including synthetic CBD.^[9]

Two 2025 laws took effect July 1, 2026: one limits marijuana edibles to 5 mg delta-9 THC per serving and 100 mg per package, and the other updates warning labels. A freeze on new licensed locations runs through June 30, 2027.^{[10, 14]}

How the federal hemp changes may affect Montana

Montana's hemp definition is written in state law and does not refer to the federal definition. A federal change does not rewrite it automatically.^[1]

From November 12, 2026, federal law excludes from hemp the cannabinoids the plant cannot make naturally. Montana already bans synthetic cannabinoids.^{[5, 15, 16]}

The rest of the federal change, including a limit of 0.4 mg total THC per container for finished products, is set for December 11, 2026, unless Congress delays it again. Montana's 2025 law bars hemp products with total delta-9 THC unless the FDA authorizes them, but the Department of Revenue has also pointed to a state cap of 2 mg per package, which is higher than the federal limit. In our reading, the federal change may matter for some products sold in Montana, but we found no state statement on this.^{[2, 4, 5, 15, 16]}

What changes next

1. November 12, 2026

   Federal change on cannabinoids that plants cannot naturally make

   From November 12, 2026, federal hemp law excludes cannabinoids the hemp plant cannot make naturally. Montana already bans synthetic cannabinoids.^{[5, 15, 16]}

2. December 11, 2026

   Rest of the federal hemp change

   The rest of the federal change, including the 0.4 mg total THC per container limit, is set for December 11, 2026, unless Congress delays it again.^{[15, 16]}

3. July 1, 2027

   Marijuana license moratorium ends

   Under SB 27, the moratorium on additional marijuana licenses ends on July 1, 2027.^[10]

Who regulates hemp and CBD

• Montana Department of Public Health and Human Services: Food and consumer safety; the 2025 hemp THC sales ban sits in the state food and drug law under its authority.
• Montana Department of Revenue, Cannabis and Alcohol Regulation Division: Regulates medical and adult-use marijuana, writes the state's synthetic cannabinoid rules, and takes complaints about synthetic cannabinoid products.
• Montana Department of Agriculture, Hemp Program: Runs the state hemp program, including grower and processor licenses, sampling, and THC testing.

Timeline

1. November 3, 2020

   Voters approve Initiative 190

   Montana voters approved adult-use marijuana.^[11]

2. May 22, 2023

   Synthetic cannabinoid ban signed (HB 948)

   Making, processing, or selling synthetic cannabinoid products became illegal, according to the Department of Revenue.^[3]

3. April 7, 2025

   HB 49 signed

   The synthetic cannabinoid ban was expanded to storage and to adult-use dispensaries, and the state's 0.5 mg per serving and 2 mg per package cap for hemp products was rewritten. It took effect on signing.^{[10, 18]}

4. May 5, 2025

   SB 375 signed and in effect

   Hemp products with total delta-9 THC may not be sold to consumers unless authorized by the FDA as a food or drug.^{[10, 17]}

5. July 1, 2025

   Freeze on new marijuana locations

   SB 27 took effect and extended the moratorium on new licensed marijuana locations to June 30, 2027.^[10]

6. March 21, 2026

   Synthetic cannabinoid rules take effect

   Department of Revenue rules defining natural and synthetic cannabinoids, and naming delta-8, delta-10, HHC, and others as synthetic, took effect.^{[4, 6]}

7. July 1, 2026

   New marijuana edible and label rules

   HB 636 (5 mg per serving, 100 mg per package for marijuana edibles) and HB 792 (new warning labels) took effect.^[10]

Sources

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.