Montana Marijuana Business Licenses
Status: In Montana, adults 21+ may possess and use marijuana, and registered patients may possess and use marijuana. State licensed providers and marijuana-infused product providers may produce and dispense marijuana and marijuana-infused products to registered cardholders.
| CBD Program | Medical Program | Recreational Program | Are Applications Open? |
| Legal | Legal | Legal | open |
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Number of Montana Marijuana Business Licenses Licenses Available
| Dispensaries | Cultivation | Manufacturing/Processing | Transportation |
| 1000+ | 1000+ | 1000+ | 0 |
You can read the full text of the Montana Marijuana Business Licenses law at: http://leg.mt.gov
Montana Cultivator License Guidelines
A cultivator license is required to cultivate and sell medical marijuana to registered cardholders. With the passing of House bill 701, cultivator licenses will be tiered by the following canopy space increments:
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- A micro tier canopy license allows for a canopy of up to 250 square feet at one registered premises.
- A $1,000 application fee is required for a micro tier canopy license.
- A micro tier canopy license allows for a canopy of up to 250 square feet at one registered premises.
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- A tier 1 canopy license allows for a canopy of up to 1,000 square feet at one registered premises. A minimum of 500 square feet must be equipped for cultivation.
- A $2,500 application fee is required for a tier 1 canopy license.
- A tier 2 canopy license allows for a canopy of up to 2,500 square feet at up to two registered premises. A minimum of 1,100 square feet must be equipped for cultivation.
- A $5,000 application fee is required for a tier 2 canopy license.
- A tier 3 canopy license allows for a canopy of up to 5,000 square feet at up to three registered premises. A minimum of 2,600 square feet must be equipped for cultivation.
- A $7,500 application fee is required for a tier 3 canopy license.
- A tier 4 canopy license allows for a canopy of up to 7,500 square feet at up to four registered premises. A minimum of 5,100 square feet must be equipped for cultivation.
- A $10,000 application fee is required for a tier 4 canopy license.
- A tier 5 canopy license allows for a canopy of up to 10,000 square feet at up to five registered premises. A minimum of 7,750 square feet must be equipped for cultivation.
- A $13,000 application fee is required for a tier 5 canopy license.
- A tier 6 canopy license allows for a canopy of up to 13,000 square feet at up to five registered premises. A minimum of 10,250 square feet must be equipped for cultivation.
- A $15,000 application fee is required for a tier 6 canopy license.
- A tier 7 canopy license allows for a canopy of up to 15,000 square feet at up to five registered premises. A minimum of 13,250 square feet must be equipped for cultivation.
- A $17,500 application fee is required for a tier 7 canopy license.
- A tier 8 canopy license allows for a canopy of up to 17,500 square feet at up to five registered premises. A minimum of 15,250 square feet must be equipped for cultivation.
- A $20,000 application fee is required for a tier 8 canopy license.
- A tier 1 canopy license allows for a canopy of up to 1,000 square feet at one registered premises. A minimum of 500 square feet must be equipped for cultivation.
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- A tier 9 canopy license allows for a canopy of up to 20,000 square feet at up to six registered premises. A minimum of 17,775 square feet must be equipped for cultivation.
- A $23,000 application fee is required for a tier 9 canopy license.
- A tier 9 canopy license allows for a canopy of up to 20,000 square feet at up to six registered premises. A minimum of 17,775 square feet must be equipped for cultivation.
RECOMMENDED MONTANA MARIJUANA BUSINESS PLANS FOR CULTIVATOR APPLICATION:
- Marijuana Business Plan Package
- Cultivation Plan Template
- Environmental Plan Template
- Financial Plan Template
- Fire Safety Plan Template
- Inventory Control Plan Template
- Product Safety Plan Template
- Security Plan Template
- Staffing Plan Template
- Suitability of Proposed Facility Plan Template
- Transportation Plan Template
Montana Manufacturer License Guidelines
A manufacturer license is required to to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or relabel marijuana products.
The annual fees for licensees are:
(i) $5,000 for each manufacturing facility that produces, on a monthly basis, less than 1 pound of
concentrate and up to 10 pounds of concentrate;
(ii) $10,000 for each manufacturing facility that produces, on a monthly basis, between 10 pounds of
concentrate and 15 pounds of concentrate; and
(iii) $20,000 for each manufacturing facility that produces, on a monthly basis, 15 pounds or more of
concentrate
RECOMMENDED MONTANA MARIJUANA BUSINESS PLANS FOR MANUFACTURER APPLICATION:
Montana Dispensary License Guidelines
A dispensary license is required to obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved under this chapter; and sell marijuana or marijuana products to registered cardholders, adults that are 21 years of age or older, or both. Local governments are allowed to ban or allow providers from operating dispensaries or as a storefront business.
The dispensary license fee is $5,000 for each location that a licensee operates as an adult-use
dispensary or a medical marijuana dispensary.
Zoning requirements: Proposed registered premises or testing laboratories cannot be within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school or postsecondary school other than a commercially operated school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee’s premises.
RECOMMENDED MONTANA MARIJUANA BUSINESS PLANS FOR DISPENSARY APPLICATION:
Montana Testing Laboratory License Guidelines
A testing laboratory license is required to measure the tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid content of marijuana and marijuana-infused marijuana products; and test marijuana and marijuana-infused marijuana products for pesticides, solvents, moisture levels,
mold, mildew, and other contaminants. A testing laboratory may transport samples to be tested.
Zoning requirements: Dispensaries and testing laboratories cannot be within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school or postsecondary school other than a commercially operated school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee’s premises.
RECOMMENDED MONTANA MARIJUANA BUSINESS PLANS FOR TESTING APPLICATION:
The History of Montana Marijuana Business Licenses Marijuana
Recreational Marijuana Program Overview:
Activists in Montana submitted more than 130,000 signatures on June 19 to qualify the pair of legalization initiatives for the November 2020 ballot. The group needed to gather 26,100 signatures from registered voters for I-190, which would legalize the use and possession of cannabis in Montana. The group needed another 51,000 signatures for the Constitutional Initiative 118, which would define the legal marijuana consumption age of 21.
On August 13, 2020, the two measures were certified to appear on the November ballot to be decided on by voters.
On November 3, 2020, Initiative 190 passed with 56.58% voting in favor of marijuana legalization, while Constitutional Initiative 118 passed with 57.71% voting in favor to set the legal age for marijuana use at 21.
The state Department of Revenue will be in charge of regulating and issuing licenses to cannabis business. The licensing structure will mirror the state’s medical marijuana business licensing with providers, marijuana-infused products providers, and dispensary licenses.
After much debate, the state legislature later approved House Bill 701 in April 2021 to make some modifications to the voter-approved measure while maintaining most of its key provisions. Gov. Gianforte signed the implementation bill in May 2021.
Medical Marijuana Program Overview:
In November of 2004, voters of Montana passed Initiative 148 legalizing a medical marijuana bill. It eliminated criminal sanctions for medical cannabis authorized by a patient’s physician. Possession of as many as six cannabis plants were allowed for home cultivation as the law did not allow for a state-regulated dispensary system.
On May 19th, 2017, SB 333 was signed into law, revising the medical marijuana laws to allow for a state-regulated dispensing system. Under the new law, providers and marijuana-infused product providers can produce and dispense marijuana and marijuana-infused products to registered patients.
The new medical marijuana program was delayed to allow time for the Department of Public Health to draft rules for the Montana Medical Marijuana Act. The rules were finally submitted February 9, 2018, and will take effect April 10, 2018.
In May 2019, the governor signed Senate Bill 265 into law, a major reform to Montana’s medical marijuana system. Senate Bill 265 would make a number of changes, including:
- Increasing the tax on marijuana providers’ gross sales from 2% to 4%
- Prohibiting providers from contracting with other businesses to process their marijuana into products like edibles or concentrates
- No longer requiring patients to name a single provider they will purchase marijuana from if they opt not to grow their own medicine – instead they will be allowed to access an entire system of providers, with an allotment of 5 ounces of marijuana a month.
- Providers will be tiered by cultivation canopy space instead of how many cardholders are registered with them, which is a more common approach taken by states in regulating medical cannabis growers within their marijuana programs.
Regulating Department: The Department of Public Health and Human Services. Local governments are allowed to ban or allow providers from operating dispensaries or as a storefront business.
Qualifying conditions: Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status; cachexia or wasting syndrome; severe chronic pain; intractable nausea or vomiting; epilepsy or an intractable seizure disorder; multiple sclerosis; Crohn’s disease; painful peripheral neuropathy; a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms; admittance into hospice care; post-traumatic stress disorder
Program Timeline:
April 2, 2018 – The state’s licensing registration system, Complia, became available to the public
April 10, 2018 – The Rules governing the Montana Medical Marijuana Act became effective
October 1, 2019 – The department shall make applications for tier-based licenses available for providers who were issued licenses or had applications pending in 2018.
January 1, 2020 – The department shall make applications for tier-based licenses available to the public
November 3, 2020 – Voters passed both adult-use marijuana legalization initiatives.
January 1, 2022 through June 30, 2023 – The department shall issue licenses for adult use marijuana businesses available to existing medical marijuana licensees only.
January 1, 2022 – Retail sales to begin.