Montana’s hemp law is broad and aligns with the FDA’s prohibition of hemp CBD in food and beverage products. Can you buy hemp-derived delta 9 gummies in Montana?
Let’s dive into the legal status of hemp delta 9 THC in the Treasure State.
Last Update: November 26, 2023
- Delta 9 gummies derived from hemp seem to be legal in Montana only if prepackaged and manufactured outside of the state. In addition, they must not be marketed as food.
- Montana’s hemp regulations prohibit adding cannabinoids in food or marketing them as a dietary supplement. However, they allow the sale of pre-packaged CBD products made outside of Montana as long as they are not marketed as food.
- You can order prepackaged delta 9 gummies with less than 0.3% THC online.
- Medical marijuana and recreational cannabis are legal in Montana.
- Mr. Hemp Flower offers premium delta 9 gummies and hemp-derived products that you can buy in Montana.
Where to Buy Hemp Delta 9 THC Gummies in Montana?
The best place to order delta 9 gummies with less than 0.3% THC in Montana is online.
The state allows the sale of pre-packaged CBD products made in another state as long as they are not sold or marketed as food.
Mr. Hemp Flower is your safe place for anything hemp-related. Organic farms in North Carolina and Oregon grow our hemp with much love and care. Over six years on the market allowed us to establish an authentic presence based on transparency and lab-tested, quality products.
We also offer the richest full spectrum oil you’ll ever find. Infused with whole-plant hemp extract, our phytocannabinoid-rich (PCR) hemp oil gives you a full-fledged “entourage effect” experience.
It’s available in three dosing options of 500mg, 1000mg, and 2000mg and has a nice brown color and healthy “hempy” flavor and aroma. We wholeheartedly recommend this oil to anyone looking for a quality CBD product that contains the entire hemp plant profile in one place.
Are Hemp Delta 9 Gummies Legal in Montana?
Delta 9 gummies with less than 0.3% THC seem to be legal in Montana only if manufactured outside of the state, prepackaged, and sold without food claims.
Montana has accepted the FDA’s position regarding CBD in food, beverages, and dietary supplements. The state doesn’t allow the sale of CBD in food.
According to a public letter by the Montana Department of Public Health and Human Services released in July 2019, CBD is prohibited from being used as a dietary supplement or a food additive.
But, the state allows the sale of prepackaged CBD products manufactured outside Montana that are already in commerce, as long as they are not marketed as food.
The state legalized hemp in May 2019 when Senate Bill 176 was signed into law. The bill authorized the Montana Department of Agriculture to develop a state program. While the state doesn’t have specific legislation regarding its position on CBD, statements from state agencies provide some guidelines.
Products like hemp-derived tinctures, oils, balms, and lotions with less than 0.3% THC are legal and can be purchased from stores across the state.
Read More: State-by-State Delta 9 THC Legality Guide
What is Hemp-Derived Delta 9 THC?
The cannabis plant houses over 100 chemical compounds known as cannabinoids — and delta 9 THC is a prevalent one. It’s the main intoxicating cannabinoid in marijuana, the cannabis variety that gets users “high.” In hemp, it’s present in less than 0.3%, which is the federal threshold set by the Farm Bill.
When extracted from the buds and flowers of federally compliant hemp, delta 9 is a legal compound. In the body, delta 9 attaches to the cannabinoid receptors found through the brain and the nervous system. People use it for various ailments, including inflammation, insomnia, migraines, nausea, pain, etc.
Legal Delta 9 THC and Federal Law
Hemp-derived products, like our delta 9 gummies, containing 0.3% THC are legal under federal law. They are the same as any hemp-derived full spectrum product, even though they are slightly intoxicating.
The bill legalized the hemp plant and the distribution and sale of hemp-derived products with less than 0.3% delta 9. It removed hemp and “THC in hemp” from the definition of marijuana and the list of controlled substances. This is how federal law defines hemp:
“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis .”
Hemp was legalized as a non-intoxicating plant, but here we have gummies that are slightly intoxicating. Admittedly, this is one of the things that legislators may have overlooked when they legalized hemp.
A persistent roadblock is that the FDA hasn’t approved the use of cannabidiol (CBD) in food and beverages. The FDA does tolerate the sale of CBD in foods (like our gummies) if the product is not marketed under health claims or a dietary supplement. Regardless, as long as the product contains less than 0.3% delta 9, it’s legal on a federal level.
Be Sure to Check Out:
Delta-9 THC FAQ
Is Delta 9 legal in all 50 states?
If extracted from hemp with less than 0.3% THC, delta 9 is legal federally. A few states don’t allow the sale of hemp products with any amount of THC.
What is stronger, Delta 9 or Delta 8?
Delta 9 is the primary intoxicating compound in cannabis and is twice more potent than delta 8. Delta 8 comes with less anxiety and paranoia.
Will Delta 9 get you high?
Yes, it will. Delta 9 is the main psychotropic cannabinoid associated with the “high” effects of marijuana.
Does hemp have Delta 9?
Yes, it does. Legally, hemp contains less than 0.3% delta 9 THC.
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.