In Montana, Adults 21 and over may cultivate up to two mature marijuana plants and two seedlings for private use starting January 1, 2021. They must be in a private residence and are subject to certain restrictions. (Medical marijuana cardholders may cultivate up to four mature plants and four seedlings). The plants may not be visible to the public. For a complete list of rules for growing,
House Bill (HB) 701 was passed by the 2021 Montana Legislature and signed into law by Governor Gianforte on May 18, 2021. HBl 701 amends both the recreational marijuana initiative I-190 and the Montana Medical Marijuana Act. Relevant information starts on page 53.
|Up to 2 mature plants and/or 2 seedlings per adult||No penalty||None||$ 0|
|More than 2 mature plants up to 1 lb or 30 plants||Felony||10 years||$ 50,000|
|More than 1 lb or more than 30 plants||Felony||2 years – life||$ 50,000|
|Second or subsequent offense is punishable by twice the term of imprisonment and twice the authorized fine.|
Lawmakers in May enacted HB 701, which amends several provisions in Initiative 90, including reducing the amount of cannabis plants that may be legally grown by an adult from four to two. As amended, those age 21 and older may legally grow no more than two plants and two seedlings at one time. A household with more than one adult may grow a maximum of four plants and/or four seedlings. Consistent with I-90, adults are still permitted to possess up to one ounce of cannabis.
Cultivation of more than 4 plants and up to 1 pound or 30 plants of marijuana is a felony punishable by up to 10 years imprisonment and/or a fine up to $50,000. Cultivation of more than 1 pound or 30 plants is a felony punishable by a minimum of 2 years to a maximum of life imprisonment and a fine up to $50,000. A second or subsequent offense for cultivation of marijuana is punishable by twice the term of imprisonment and twice the authorized fine for the first offense.
- Montana Code Ann. § 45-9-110