Cannabis Business Legal Compliance in Montana

Key Points

• The Montana Department of Revenue’s Cannabis Control Division (CCD) oversees licensing, cultivation, sales, and compliance operations.

Understanding Legal Compliance in Montana's Cannabis Industry

In Montana, legal compliance for cannabis businesses is overseen by the Montana Department of Revenue’s Cannabis Control Division (CCD), which regulates licensing, cultivation, sales, and other industry operations. Businesses must adhere to state laws regarding seed-to-sale tracking, security measures, and packaging standards. Additionally, compliance often involves staying updated on evolving regulations, including those related to taxes and zoning. Organizations like the Montana Cannabis Industry Association play a critical role in advocating for fair policies, educating stakeholders, and supporting cannabis operators in navigating the state's regulatory framework.

• Are you a Montana-licensed Attorney offering services to cannabis-related businesses? Request to be listed .

Montana Cannabis Legal Expertise: Business vs. Criminal Matters

Navigating cannabis laws requires specialized legal expertise. Whether supporting businesses or defending against criminal charges, attorneys play crucial roles in addressing the complexities of this industry.

Business Attorneys:

Business attorneys provide vital guidance for cannabis companies, focusing on:

• Entity Formation: Advising on structures like LLCs or corporations.
• Licensing and Compliance: Managing applications, renewals, and adherence to state regulations like Montana’s MMRTA.
• Contracts: Drafting agreements with suppliers, vendors, and employees.

Criminal Defense Attorneys:

Criminal defense attorneys represent individuals and businesses accused of violating cannabis laws, focusing on:

• Possession: Defending against charges for exceeding legal limits.
• Distribution: Handling cases of alleged illegal sales or trafficking.
• Cultivation: Addressing violations like exceeding plant limits or public visibility.
• Driving Under the Influence: Defending against cannabis-related DUI charges.

Cannabis Penalties in MT

In Montana, cannabis laws have strict boundaries. While recreational and medical use are legal within limits, exceeding them can lead to severe penalties.

• Possession: Possessing more than an ounce of marijuana is illegal. Between one and two ounces, the penalties include fines up to $300. More than two ounces can bring felony charges, especially for repeat offenses.
• Distribution: Selling or distributing over two ounces is a felony, with potential prison sentences ranging from one year to life, along with fines up to $50,000. Selling to minors carries harsher penalties, including mandatory minimum sentences.
• Cultivation: Violating plant limits or growing cannabis visibly can lead to plant forfeiture and monetary fines.
• Driving Under the Influence: Cannabis-related DUIs are taken seriously, with penalties including license suspension, fines, and possible jail time.