Can You Buy Delta 8 THC in Montana | Laws & Regulations in The Treasure State

Delta 8 montana

Hemp may be legal in Montana, but delta 8 THC isn’t. All tetrahydrocannabinols are outlawed under state law, including isomers like delta 8 THC.  

As tetrahydrocannabinols are controlled substances in this state, hemp-derived delta 8 THC is illegal to buy, sell, possess, and produce.

Last Update: February 22, 2024

Summary

  • Hemp-derived delta 8 THC is not legal in Montana. Under state law, all tetrahydrocannabinols are controlled substances, regardless if derived from hemp or marijuana.
  • You cannot legally order hemp-derived delta 8 THC products online in Montana.
  • Additionally, synthetically derived delta 8, delta 10, THC-O, HHC, and similar cannabinoids are also illegal in this state under HB 948, signed into law in 2023.
  • Mr. Hemp Flower offers a range of alternatives to delta 8 THC products that you can buy in Montana, including delta 9 THC gummies with less than 0.3% THC and full spectrum CBD products.

Is Delta 8 THC Legal in Montana?  

No, hemp-derived delta 8 THC is not legal in Montana. 

The state passed HB 948 on May 2023, prohibiting the sale and possession of synthetically derived hemp and marijuana THC products.

Under the new law, intoxicating hemp products, including delta 10, THC-O, THCV, HHC, CBN, etc., cannot be manufactured, processed, or sold to consumers.

After the 2018 Farm Bill, Montana updated its hemp laws to legalize hemp and hemp CBD products with less than 0.3% THC. But, it only allows the sale of products containing legal levels of delta 9 THC and considers all other forms of THC a Controlled Substance.  

Unlike other states, Montana’s current legislation places limitations on tetrahydrocannabinols. The Treasure State lists all tetrahydrocannabinols and isomers as a Schedule I controlled substance. The legal definition of THCs makes no exception for hemp-derived THCs like delta 8 THC.

Read more: State-by-State Legality of Delta 8 THC.   

Where to Buy Delta 8 THC in Montana?

The Treasure State is one of the dozen states where delta 8 THC is banned. Therefore, it’s best to avoid ordering D8 products in this state and stick to alternatives such as delta 9 THC gummies with less than 0.3% THC and full spectrum CBD products.

In case things change, here are some tips on where to get the best products. The D8 THC market is still largely unregulated, so we’d recommend you avoid buying from in-person, unlicensed channels like convenience stores and gas stations.

The biggest issue with these outlets is that they don’t care about quality screening of the products, which takes away your right to know what you’re consuming. 

Mr. Hemp Flower is a licensed CBD shop that provides top-shelf products tested by a third-party lab. We’re an online brand that offers an array of delta 8 products, including gummies, pre-rolls, D8 hemp flower, soft gel capsules, concentrates, and vape cartridges. 

The perk of getting your D8 online is that you’ll always know exactly what’s inside the product. You need a reliable, transparent brand like Mr. Hemp Flower because we offer a readily available Certificate of Analysis for each product. The report assures you’re getting a 100% legal product with less than 0.3% delta 9 THC. 

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol (delta 8 THC) is a chemical compound naturally found in the hemp plant. It has a slightly different chemical structure than its sister molecule, delta 9 THC, differing by the location of their double bond. The double bond on D8’s molecule is located on the 8th carbon chain, while on D9’s molecule is on the 9th. 

This tiny but notable difference contributes to the distinctive effects of the two compounds. While both cannabinoids are psychotropic, D8 is roughly half as intoxicating as delta 9.

Anecdotal evidence shows that D8 provides a more subtle, mellow, “high” that keeps the user productive. Most people prefer delta 8 THC over delta 9 because it doesn’t give them the near-frightening paranoia levels of bliss and the couch-potato high. 

Delta 8 THC and Federal Law 

Its legality on a federal level remains murky. 

The Drug Enforcement Administration (DEA) issued a Rule that, among other things, addressed the legality of “synthetically derived tetrahydrocannabinols.” 

Although the Rule doesn’t directly address the sudden surge of D8 products on the market, it verified the illegal status of “synthetically derived THCs.” And, it kind of “hinted“ at the legal status of D8 made from hemp-derived cannabidiol (CBD).

The hemp plant naturally produces minuscule amounts of D8, which prompted manufacturers to use hemp-derived CBD to convert it into D8 via isomerization. 

The process of converting one chemical compound into another, in this case, a tetrahydrocannabinol, may be problematic because it allows the DEA to consider D8 a “synthetically derived tetrahydrocannabinol.” 

Unlike other hemp-derived products, “for synthetically derived tetrahydrocannabinols, the concentration of delta 9 THC is not a determining factor whether the material is a controlled substance.” 

The debate now rests in the question: Is hemp-derived D8 considered a “synthetic” THC?” Also, how does the 2018 Farm Bill that legalized hemp affects the legality of this compound?

“Synthetic THCs,” like Spice and K2, are lab-made without the involvement of cannabis plant material. These entirely chemically made compounds have been banned because they mimic the effects of D9 THC and are very dangerous. 

On the contrary, delta 8 is a real hemp cannabinoid that’s made through the conversion of hemp-derived CBD, so there is an involvement of hemp plant compounds in the process of making it. Experts agree that D8 made from CBD is not “organic” per se, but it’s also not entirely synthetic. 

Under the Farm Bill, organic, naturally occurring delta 8 in the hemp plant is a legal compound. 

Final Thoughts 

As of this writing, delta 8 is banned in Montana. The Treasure State doesn’t allow the sale of products containing D8. As a less friendly D8 state, Montanans should avoid buying D8 until the law loosens up. 

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Be Sure to Check Out: 

All Our Delta 8 Products

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FAQ’s

No, delta 8 THC is not legal to buy in Montana. 

It’s best to avoid buying delta 8 THC in this state because it’s banned.

You can order delta 8 THC online legally in states that are friendly, but not Montana.

No, so far, 15 states have banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Yes, D8 is considered safe. As a natural hemp derivative, it doesn’t cause the typical side effects like anxiety and paranoia that D9 THC causes. 

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.

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