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Let’s Talk Delta-8 State Legality: Montana

Let’s Talk Delta-8 State Legality: Montana

Montana is a state that’s been ahead of the bend. Maybe it’s their monuments that told them to legalize. I didn’t know they had internet out there; I thought perhaps dial-up was their only option. The state voted in the Montana Medical Marijuana Initiative all the way back in 2011. They’ve had medical for a decade now. Then in 2017, they revised Senate Bill 333. In 2020, Montana’s popular vote approved Initiative 190, the same bill as the Marijuana Legalization and Tax Initiative.

So now, recreational marijuana is available to those 21 and up in the state. Many states that have legalized traditional marijuana are turning away from the delta 8 market because of tax reasons and having a competing market due to preference. Montana is one of those states. Montana does not make an exception, so they’ve left delta-8 THC on the Controlled Substances Act, making it a Schedule I drug. There are no possession limits because it is illegal, and Delta-8 can’t even be purchased within the state.

Delta 8 THC is illegal in the state of Montana.

TITLE 80. AGRICULTURE. CHAPTER: 4 INDUSTRIAL HEMP PROGRAM. SUBCHAPTER: HEMP DEFINITIONS AND LICENSE APPLICATIONS

4.19.101 DEFINITIONS

(2) “Hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with delta-nine tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.

(3) “Hemp plant extract” means a processed product from hemp plant or floral material including but not limited to oil, powder, cake, pellet, etc.

TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. PART 1. GENERAL PROVISIONS

50-32-101. Definitions.

(18) ”Marijuana (marihuana)” means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.

TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. PART 2. SCHEDULING OF DANGEROUS DRUGS

50-32-222. Specific dangerous drugs included in Schedule I.

(4) Hallucinogenic substances. (ff) tetrahydrocannabinols, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:

(i) delta 1 (delta 9) cis or trans tetrahydrocannabinol and its optical isomers;

(ii) delta 6 cis or trans tetrahydrocannabinol and its optical isomers; and

(iii) delta 3,4 cis or trans tetrahydrocannabinol and its optical isomers;