Hemp Laws & Licensing · MT

Montana hemp laws & licensing

Verified September 29, 2026Medium confidenceClosed on GHD

At a glance

Retail license / registration required?
No — …has no consumable-hemp retail license…
Minimum age
21+
State THC caps (hemp products)
0.5 mg THC per serving · 2 mg per package
Hemp-derived THC products · online sales
Cannabis system only / banned · online: Prohibited
Key law
MT SB 375 and HB 49 (2025); HB 948 (2023) synthetic cannabinoid ban — effective May 5, 2025

The law today

Montana licenses hemp growers and processors through the Department of Agriculture under a USDA-approved plan (MCA 80-18), but has no consumable-hemp retail license. HB 948 (May 22, 2023) bans manufacture and sale of synthetic cannabinoid products (delta-8, delta-10, THC-O, HHC, THCP, etc.); HB 49 (April 7, 2025) caps any hemp product sold outside the licensed marijuana system at 0.5 mg total delta-9 THC per serving and 2 mg per package; and SB 375 (May 5, 2025, Ch. 394) goes further, prohibiting sale to consumers of any hemp product that contains total delta-9 THC unless the FDA has authorized it as a food or drug, with DPHHS as the Title 50 enforcing agency.

Intoxicating cannabinoid products are therefore sold only through DOR-licensed adult-use dispensaries to adults 21+ (HB 636 raises dispensary edible limits to 5 mg/serving and 100 mg/package effective July 1, 2026); THC-free CBD products remain sellable at general retail without a state hemp license, subject to food-safety licensing.

Who regulates it

Cannabis regulator

Hemp-derived THC products here run through the cannabis system: Montana Department of Revenue – Cannabis Control Divisionrevenue.mt.gov (opens in a new tab)

Licenses & registrations

The law

Testing & COAs

No state-specific COA page was found for Montana; the federal sampling and lab rules on the main page apply, and the licensing pages above carry any state testing rules.

Need a lab? COA analysis partners

Steps to a compliant hemp business in Montana

  1. 1

    Register the business with the Montana Secretary of State

  2. 2

    Growers: apply to the Montana Department of Agriculture for the 2026 Hemp License (Stage 1 planting permit, then production license) – $850–$1,100/yr

  3. 3

    Processors/extractors: apply for the Hemp Processor License (Part A $2,500/yr or Part B $1,000/yr) for each physical location

  4. 4

    Manufacturers of hemp foods/supplements: obtain a wholesale food establishment license through the county or tribal sanitarian (DPHHS Environmental Health & Food Safety)

  5. 5

    Do not sell hemp products containing any total delta-9 THC to Montana consumers (SB 375) and never sell synthetic cannabinoids (delta-8, HHC, THC-O, etc.); keep COAs showing non-detect THC

  6. 6

    Any intoxicating THC product must instead go through a DOR-licensed marijuana manufacturer/dispensary (21+)

On Good Hemp Distro

Recreational (21+) market in Montana

Closed on GHD

The Recreational (21+) market isn't available in Montana: state law only allows these hemp products through its licensed cannabis system, if at all.

State law: cannabis system only.

Browse Everyday Hemp, Industrial & Services →

Live status — it changes as state rules are verified and as the federal cutoff approaches. Everyday Hemp, Industrial and Services products are available everywhere.

Sources & verification

Verified
September 29, 2026 — every official link above was fetched and checked on that date.
Confidence
Medium confidence — Some links or dates rely on secondary sources or pending rulemaking; see the notes.
Research notes
All MT links loaded on 2026-09-29. Overlap between HB 49's 0.5 mg/serving cap and SB 375's zero-THC rule is not reconciled on any agency page; DOR's 2025 update page states SB 375 is enforced by DPHHS under Title 50. DPHHS has no dedicated hemp page (its 2021 CBD/hemp guidance PDF predates the 2025 laws), so the Wholesale Food Establishments page is used as the DPHHS link. Grower fees taken from the 2026 Stage 1 application; MDA has no per-acre fee.
Good Hemp Distro market notes
Hemp products containing total delta-9 THC may not be sold to consumers unless FDA-authorized; synthetic cannabinoids illegal; intoxicating products only in licensed adult-use dispensaries. (Recreational (21+) state dataset, version 2026-09-28)

Cited sources

Montana hemp law FAQ

Short answers drawn from the official Montana sources above (verified September 29, 2026). Not legal advice.

Do I need a license to sell hemp products in Montana?
Montana does not issue a hemp retail license: has no consumable-hemp retail license. Official link: Hemp Grower License – 2026 Stage 1 application (Planting Permit → Production License) (agr.mt.gov) — fee: $850/yr (Category A or B cultivars) or $1,100/yr (Category C, includes first inspection + test); $100 late fee; $250 per extra sample or inspection. Federal rules (USDA grower licensing, FDA labeling, carrier policies) still apply.
Who regulates hemp in Montana?
Montana Department of Agriculture – Hemp Program — Hemp grower (planting permit + production license) and hemp processor licensing. Montana Department of Revenue – Cannabis Control Division (CARD) — Marijuana regulator; enforces the synthetic-cannabinoid ban (HB 948 / HB 49) and publishes 2025 hemp/THC law updates. Montana DPHHS – Environmental Health & Food Safety — Title 50 food/drug authority that enforces SB 375 (hemp products with THC) and licenses wholesale food establishments through county/tribal sanitarians. Hemp-derived THC products run through the cannabis regulator: Montana Department of Revenue – Cannabis Control Division.
What are Montana's hemp laws in 2026?
Montana licenses hemp growers and processors through the Department of Agriculture under a USDA-approved plan (MCA 80-18), but has no consumable-hemp retail license. HB 948 (May 22, 2023) bans manufacture and sale of synthetic cannabinoid products (delta-8, delta-10, THC-O, HHC, THCP, etc.); HB 49 (April 7, 2025) caps any hemp product sold outside the licensed marijuana system at 0.5 mg total delta-9 THC per serving and 2 mg per package; and SB 375 (May 5, 2025, Ch. Key law: MT SB 375 and HB 49 (2025); HB 948 (2023) synthetic cannabinoid ban (effective May 5, 2025).
What is the minimum age to buy hemp products in Montana?
21+ under Montana law (MT SB 375 and HB 49 (2025); HB 948 (2023) synthetic cannabinoid ban). Good Hemp Distro is 21+ everywhere regardless.
Does Montana cap THC in hemp products?
Yes — 0.5 mg THC per serving · 2 mg per package under MT SB 375 and HB 49 (2025); HB 948 (2023) synthetic cannabinoid ban. Federally, hemp must test at or below 0.3% total THC.
How do I start a compliant hemp business in Montana?
1. Register the business with the Montana Secretary of State. 2. Growers: apply to the Montana Department of Agriculture for the 2026 Hemp License (Stage 1 planting permit, then production license) – $850–$1,100/yr. 3. Processors/extractors: apply for the Hemp Processor License (Part A $2,500/yr or Part B $1,000/yr) for each physical location. 4. Manufacturers of hemp foods/supplements: obtain a wholesale food establishment license through the county or tribal sanitarian (DPHHS Environmental Health & Food Safety). 5. Do not sell hemp products containing any total delta-9 THC to Montana consumers (SB 375) and never sell synthetic cannabinoids (delta-8, HHC, THC-O, etc.); keep COAs showing non-detect THC. 6. Any intoxicating THC product must instead go through a DOR-licensed marijuana manufacturer/dispensary (21+).

Related

Not legal advice. Links and summaries verified September 29, 2026; laws change — always confirm with the official links and a licensed attorney before you sell.