Is Delta 8 THC Legal in Montana?

Legality of buying Delta 8 THC in Montana
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According to state law, Delta 8 is not legal in Montana. Though, Delta 8 is federally legal due the the 2018 US Farm Bill which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold), some US States like Montana have their own laws regarding these products in the State. Unlike CBD, Delta 8 is psychoactive and will get you high.

 

No, Delta 8 THC is not legal in the State of Montana.

In Montana, Delta 8 is not allowed. Delta 8 legal questions have been popping up across the state over the past year or so and since Montana Delta 8 THC law prohibits this particular hemp derivative, we want to weigh-in on the matter.

Due to the pharmacological activity occurring, also known as the "delta-8 effect", lawmakers' stance about hemp cannabinoids legal status is clear: hemp-derived tetrahydrocannabinol other than .3% Delta-9 THC is illegal in the state.

Limitations on tetrahydrocannabinol were explicitly expressed in the 2018 US Farm Bill which specifies delta-9 tetrahydrocannabinol (THC) limits not to exceed .3% as measured on a dry weight basis, however some states, like, Montana have generalized the THC-limits to all varieties of THC. Depending on how each state's stance on tetrahydrocannabinol manifests and how it interprets THC-limits for state citizens, creates more questions about its legality as each state has their own state laws. With Delta 8 THC being a hemp-derivative of industrial hemp and not listed as an exception in the US Farm Bill signed into federal law by the president, why would some states like Montana want to add restrictions?

The raw hemp plant is valuable in Montana as the state is one of the top producers of hemp in the country, and this particular variety of hemp, Delta-8 THC, gets people high.

Current Montana Delta-8 Legislation

Due to how the laws were written, the use of Delta-8 THC is illegal in the State of Montana. At first glance looking at how the state defines hemp, you could expect the state might be following the guidance of the 2018 Farm Bill.

In the definitions of "Hemp", the Rule: 4.19.101 states:

"Hemp" means the plant species 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 total delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

The above is pretty standard for most states, as it references the federal guidelines set forth in the Farm Bill. However, by reviewing the Schedule I Controlled Substances in the state, Delta-9 THC is considered the only exception concerning forms of THC allowable in the state. With that, the Delta-9 THC can only come from industrial hemp. Any amount of THC testing over the .3% level is considered marijuana in Montana.

In 2019, Section 80-18-101 through 80-18-111 of Montana Code authorized hemp as an alternative agricultural crop by the Montana Legislature.

Montana Industrial Hemp Act

As one of the leading states for hemp production, the Montana State Hemp Program all started in 2014 as a pilot program. Spanning until 2022, hemp being authorized as an agricultural crop in the state has helped it to become one of the most productive hemp producers in America.

The requirements for participation can be found online, as they follow the guidance from USDA's Industrial Hemp Production Program.

List of controlled substances

In Montana's Controlled Substances List, they list the following:

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).

Montana views such tetrahydrocannabinols as forms of marijuana, in which they define it in Chapter 32 Controlled Substances as:

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

Therefore, tetrahydrocannabinols such as Delta-8 THC are considered illegal in the state.

Buying and Shipping Delta 8 in Montana

Since Delta 8 is illegal in the State of Montana, residents can not buy Delta 8 products with a shipping address located in the state. Non-psychoactive cannabinoid products, like CBD, are allowed. Unfortunately, the psychoactive minor cannabinoid, Delta-8 THC (product from hemp) is not allowed for purchase in the state.

Advocacy Groups in Montana Supporting Delta 8 and Hemp Laws

Montanans are continually supportive of better hemp laws in the state. Check out some of the standout organizations in the Montana:

Montana Cannabis Advocates

Montana Cannabis Guild

Montana Hemp Council

News stories covering raids or busts on Delta 8 Products and stores in Montana

3/8/2021

Northcentral Montana ag businesses receive $230,000 in state grants

2/25/2021

Montana Legislature considers recreational marijuana bills

2/19/2021

Montana lawmakers mull plan to separate hemp, marijuana production

2/18/2021

Hemp, cannabis growers speak on indoor grow bill

2/9/2021

Bill aims to separate state's hemp industry from legal marijuana