Cascade County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Cascade County?

Licensed medical and adult-use cannabis cultivation in Cascade County is legal under the State of Montana’s House Bill 701 (HB 701) or the Montana Marijuana Regulation and Taxation Act (MMRTA) signed as law on May 18, 2021, and administered by the Cannabis Control Division (CCD) of the Montana Department of Revenue (DOR). The MMRTA amended and combined previous laws on medical and adult-use cannabis.

Up to June 30, 2023, the CCD will only accept cannabis business license applications from existing medical cannabis business license holders. Applications are made online through the CCD TransAction Portal (TAP). For both existing medical cannabis business license holders and new applicants, applications for any combination or all types of cannabis business licenses are allowed, automatically covering both medical and adult-use cannabis. A licensee may hold cannabis cultivation, manufacturing, and dispensary licenses. Nonrefundable application fees are 20% of the license fees.

New cannabis cultivator licenses will allow only indoor cannabis cultivation. The MMRTA requires that cannabis cultivation must not be seen from public areas.

The following are the types of cannabis cultivation licenses and their respective license fees:

• Micro Tier licenses are allowed to have an area of 250 square feet and one facility, with a license fee of $1,000

• Tier 1 licenses are allowed to have an area of 1,000 square feet and one facility, with a license fee of $2,500

• Tier 2 licenses are allowed to have an area of 2,500square feet and two facilities, with a license fee of $5,000

• Tier 3 licenses are allowed to have an area of 5,000 square feet and three facilities, with a license fee of $7,500

• Tier 4 licenses are allowed to have an area of 7,500 square feet and four facilities, with a license fee of $10,000

• Tier 5 licenses are allowed to have an area of 10,000 square feet and five facilities, with a license fee of $13,000

• Tier 6 licenses are allowed to have an area of 13,000 square feet and five facilities, with a license fee of $15,000

• Tier 7 licenses are allowed to have an area of 15,000 square feet and five facilities, with a license fee of $17,500

• Tier 8 licenses are allowed to have an area of 17,500 square feet and five facilities, with a license fee of $20,000

• Tier 9 licenses are allowed to have an area of 20,000 square feet and six facilities, with a license fee of $23,000

• Tier 10 licenses are allowed to have an area of 30,000 square feet and seven facilities, with a license fee of $27,000

• Tier 11 licenses are allowed to have an area of 40,000 square feet and eight facilities, with a license fee of $32,000

• Tier 12 licenses are allowed to have an area of 50,000 square feet and nine facilities, with a license fee of $37,000

According to the MMRTA, new cannabis business licenses will only be granted in localities that have voted for the legalization of adult-use cannabis. Cascade County voters approved the sale and use of adult-use cannabis. The Cascade County Zoning Regulations require a distance of more than 500 feet between any type of cannabis business, including a cannabis cultivation business, and a school or church.

The cannabis combined-use license for a Tier 1 cultivation facility and a dispensary in one location is available only for the eight federally recognized tribes in the State of Montana. Among these, some members of the Little Shell Tribe of Chippewa Indians reside in Great Falls, the county seat of Cascade County. The cannabis combined use license fee is $7,500. Every tribe may only hold one such license and the location must not be farther than 150 air miles from the tribal reservation.

Personal cultivation of cannabis in a private home is allowed by the State of Montana provided it is not publicly visible. Medical cannabis cardholders may grow a maximum of four seedlings and four mature plants. Individuals not younger than 21 may grow a maximum of two seedlings and two mature plants.

Is Cannabis Manufacturing Legal in Cascade County?

Licensed medical and adult-use cannabis product manufacturing in Cascade County is legal under the State of Montana’s MMRTA. The same general CCD local Cascade County cannabis business application and licensee rules and requirements apply. The MMRTA also requires that cannabis product manufacturing must not be seen by the public.

The following are the types of cannabis product manufacturing licenses and their respective license fees:

• Tier 1 licenses are allowed to have a maximum monthly production of 10 pounds of cannabis concentrate, with a license fee of $5,000

• Tier 2 licenses are allowed to have a monthly production of 10 pounds to 15 pounds of cannabis concentrate, with a license fee of $10,000

• Tier 3 licenses are allowed to have a monthly production of 15 pounds and upwards of cannabis concentrate, with a license fee of $20,000

Is Cannabis Retail Legal in Cascade County?

Licensed medical and adult-use cannabis retail in Cascade County is legal under the MMRTA of the State of Montana. CCD-licensed adult-use cannabis dispensaries are allowed to sell medical cannabis and medical cannabis products to medical cannabis cardholders as well as adult-use cannabis and adult-use cannabis products to individuals no younger than 21.

The MMRTA has allowed existing licensed medical cannabis dispensaries to also sell adult-use cannabis and adult-use cannabis products to individuals no younger than 21 starting January 1, 2022, up to the time the medical cannabis dispensary has acquired an adult-use cannabis dispensary license. The medical cannabis dispensary must have acquired the new license before the renewal date of its old license.

All other general requirements and rules of the CCD and Cascade County for cannabis business applications and licensees apply. An applicant may apply for several cannabis dispensary locations with a license fee of $5,000 for every location. The MMRTA allows licensed cannabis dispensaries to operate only from 9 a.m. to 8 p.m. Except for medical cannabis cardholders, individuals below 21 are not allowed to enter a licensed dispensary.

According to the MMRTA, licensed cannabis dispensaries may sell cannabis and cannabis products such as concentrates, tinctures, derivatives, ointments, edible goods, and others. The following limits apply to the allowed cannabis for sale, except for sales to medical cannabis cardholders:

• Cannabis flowers may only have a maximum tetrahydrocannabinol (THC) content of 35%

• Each cannabis capsule, suppository, or transdermal patch may only have a maximum THC content of 100 milligrams

• Each package of capsules, suppositories, or transdermal patches may only have a maximum THC content of 800 milligrams

• Edible cannabis products may only have a maximum THC content of 10 milligrams a serving

• Each package of edible cannabis products may only have a maximum THC content of 100 milligrams

• Each topical product may only have a maximum THC content of 6%

• Each package of topical products may only have a maximum THC content of 800 milligrams

Medical cannabis cardholders’ purchase limits are a maximum of one ounce of cannabis flowers daily and a maximum of five ounces of cannabis flowers monthly. A medical cannabis cardholder with an approved petition for an exception to the monthly purchase limits may be allowed to purchase up to eight ounces of cannabis flowers monthly. Every ounce of cannabis flower is equivalent to cannabis concentrate with eight grams or milliliters of THC, or any type of cannabis product with 800 milligrams of THC.

Is Cannabis Delivery Legal in Cascade County?

It is illegal to deliver medical and adult-use cannabis in Cascade County even to medical cannabis cardholders. The MMRTA of the State of Montana only allows licensed cannabis dispensaries to sell medical cannabis to medical cannabis cardholders and adult-use cannabis to individuals no younger than 21 inside their facilities or hand over the purchased items to a qualified purchaser waiting in a vehicle parked right outside the facility.

How to Get a Medical Marijuana Card in Cascade County

Residents of Cascade County may acquire a medical cannabis card from the State of Montana by applying through the online CCD TAP.

Applicants must first have a Physician’s Statement for a Debilitating Medical Condition or a Physician’s Statement for a Debilitating Medical Condition for Minors signed by a doctor of medicine or osteopathy. Not more than 60 days from receiving the physician’s statement, the applicant must complete the application.

Applicants must scan the physician’s statement, a recent photo, and a valid document proving residency in the State of Montana for uploading during the online application. Guardians of patients who are below 18 have to upload proof of legal guardianship and must agree to be fingerprinted for a background check. If the applicant intends to cultivate cannabis for personal use, proof of property ownership or proof of the property owner’s consent must be uploaded. If the applicant designates one or two caregivers, proof of each caregiver being no younger than 21 must be uploaded.

The registration fee of $20 may be paid online or through cash, check, or money order sent to:

Montana Department of Revenue

PO Box 5835

Helena, MT, 59604

A temporary card will be available on the TAP online after the application has been completed. This must be printed to be used as a temporary medical cannabis card until the actual card arrives by mail.

The CCD may also be contacted at:

Phone: (406) 444-0596

How Has Cannabis Legalization Impacted the Economy of Cascade County?

A local option tax of 3% on the retail sales of medical and adult-use cannabis is imposed by Cascade County in addition to the state retail sales tax of 4% for medical cannabis and 20% for adult-use cannabis.

From the local option tax, the county gets to keep 50% while 45% is distributed among its municipalities proportional to their respective populations. The remaining 5% is kept by the state’s DOR for administrative costs.

For April 2023, the reported total sales of cannabis in Cascade County was over $1.66 million, of which $381,794 was from medical cannabis and $1,278,970 was from adult-use cannabis.

The Effects of Cannabis Legalization on Crime Rates in Cascade County

While the MMRTA was enacted in 2021, medical cannabis was first legalized in 2004 and adult-use cannabis was first legalized in 2020 in Cascade County. Actual sales of adult-use cannabis began on January 1, 2022.

Data submitted by the Cascade County Sheriff's Office to the FBI’s Crime Explorer page shows that in 2003, the year prior to medical cannabis legalization, there were 11 marijuana offense arrests, all for possession.

In 2005, the year after the legalization of medical cannabis, there were 12 marijuana offense arrests, all for possession.

In 2021, the year after the legalization of adult-use cannabis, there was no marijuana offense arrest. There is still no data available for 2022 after the retail selling of adult-use cannabis began.

The number of DUI arrests was as follows in those years:

• 2003: 74 arrests

• 2005: 94 arrests

• 2021: 29 arrests