What's the Legal Status of Hemp Flower in Montana? Montana Hemp State Laws

Hemp, medical, and recreational cannabis are all legalized in Montana. What’s the current legal status of hemp flower and smokable hemp products in the Treasure State? Let’s take a look at Montana’s hemp laws.

Last Update: June 10, 2023

Article Summary

Hemp flower and smokable hemp products with less than 0.3% THC are legal to buy in Montana.
CBD oil with less than 0.3% THC is legal in Montana. State law doesn’t allow the sale of CBD in food products. It also prohibits the marketing of CBD products as dietary supplements or under health claims.
FDA-approved hemp-derived components, such as hulled hemp seed and hempseed oil are allowed for sale in food products in Montana.
Medical and recreational marijuana are legal in Montana and can be purchased in state-licensed dispensaries.
Anyone who wants to grow and harvest hemp must obtain a license from the Department of Agriculture.

Is Hemp Flower Legal in Montana?

Yes, CBD flower with less than 0.3% THC is legal in Montana.

Under Montana’s law, “hemp” means all parts and varieties of the plant Cannabis sativa L. containing no greater than 0.3% tetrahydrocannabinol [1].

According to this definition, hemp (and its parts) is an agricultural crop in this state. Every individual that wants to plant, grow, harvest, possess, process, sell, or buy hemp with less than 0.3 THC, must apply for a license issued by the Department of Agriculture.

Montana doesn’t explicitly regulate or ban smokable hemp, so it’s safe to assume that it can be treated as any other hemp-derived product in this state.

Where to Buy Hemp Flower in Montana?

Montana is in the process of creating hemp markets, so many people order their hemp flower online. It is legal to mail small amounts of hemp flower, so ordering hemp flower online is the most convenient way.

Montana Hemp Flower for Sale

Why should you choose Mr. Hemp Flower? Here are a couple of great reasons.

First, we work directly with licensed farmers who have more than five years of experience in growing hemp. And they take on the hard part — hemp is a hard crop to yield. It takes tools, knowledge, and expertise. All of the products available on our website come from 100% USA grown hemp.

Second, we’ll deliver your hemp package straight to your door, within 3-5 days after ordering.

Third, we test our products — we only offer organically-grown hemp flower and hemp smokables. We include the lab analysis results and notice to law enforcement in all of our packages.

Fourth, we offer plenty of other benefits. If you order your hemp flower from Mr. Hemp Flower, you’ll get:

Pesticide-free, non-GMO hemp flower with less than 0.3% THC.

Hemp with high CBD levels grown in the best farms in Oregon, Washington State, and Colorado.

Free shipping on orders over $100.

High-CBD Flower by Mr. Hemp Flower:

These are our two best CBD flowers with over 16% CBDa and less than 0.3% THC:

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Special Sauce CBD Hemp Flower

$8.99 – $109.99

Hemp from Licensed Growers

Do you know the perks of buying your hemp flower from a licensed grower?

It’s no secret that the hemp growers market became saturated with inexperienced growers. The result? Low-quality crops with a questionable origin. Is your hemp flower pesticide-free? Has it been grown in clean soil?

Because you know what, we’ve learned quite a few things by working with licensed, experienced farmers. But the most important one is: hemp is not easy to grow, contrary to popular beliefs.

That’s why our farmers have more than five years of experience in growing hemp. They have created some incredible strains throughout the years. All of our hemp flower is grown in the best USA farms in Oregon, Washington State, and Colorado.

Avoid Carrying Hemp Flower in Public

Just a friendly reminder: hemp flower has a complicated relationship with the law because it resembles marijuana. Marijuana is now legal in Montana, but smoking cannabis in public is still prohibited.

Because hemp is legal, it is unlikely to get you in a lot of trouble, but it will cause you some inconveniences. It is recommended to use hemp flower in the privacy of your home.

Montana State Hemp Program

Individuals and entities can grow hemp in Montana. The state Department of Agriculture made some changes after the 2018 Farm Bill.

For the 2023 growing season and beyond, individuals and entities are allowed to apply for an indoor/outdoor hemp growing. The hemp license application period is open until the last month of the year [2].

It’s important to note that the Department of Agriculture issues licenses to hemp growers only.

Approved and Non-Approved Types of Products in Montana

The state also regulates the sales of live hemp plants, only between a licensed seller and a licensed buyer.

Regarding the sales of hemp-derived products, the state allows the sale of FDA-approved hemp products. According to the FDA, hulled hemp seed, hemp seed protein powder, and hemp seed oil are Generally Recognized as Safe (GRAS).

The Montana Department of Agriculture does not regulate the production and the sale of food and drug supplements, as well as cosmetics. This means that hemp food and cosmetics remain unregulated in Montana. Products that are not approved in Montana are commercial animal feeds.

Is CBD Legal in Montana?

Yes, CBD is a legal substance in Montana, but there are certain restrictions you need to be aware of before you buy your product of choice.

Under state CBD regulations, it’s prohibited to add cannabidiol oil in food or market it as a dietary supplement. The two hemp-derived ingredients allowed in food are hulled hemp seeds and industrial hemp seed oil.

Under the regulations, it’s prohibited to add the following hemp-derived ingredients in food:

Any and all CBD products derived from Cannabis plants; and
Any and all CBD products, including CBD oil, derived from industrial hemp; and
Hemp oil that is not derived from industrial hemp seeds; and
Industrial hemp seed oil with added CBD or other cannabinoids.

This means that smokable hemp products and CBD oil are allowed in Montana as long as they are not marketed as dietary supplements.

The state also allows the sale of pre-packaged CBD products manufactured outside Montana, as long as they are not marketed as food or under health claims.

Medical and Recreational Marijuana Are Legal in Montana

Montana legalized the use and possession of recreational and medical marijuana within state borders.

As of January 1, 2022, adults 21 and over can purchase an ounce of marijuana in this state. Individuals over 21 may also cultivate up to two mature cannabis plants for private use.

With that said, the possession and consumption of marijuana (both recreational and medical) is prohibited in public spaces and specific locations.