Is CBD legal in Montana? 2026

Legal with limits 4 productsNot legal 4 products
Only THC-freeVerified Sep 30, 2026

Montana allows CBD only if the product has no delta-9 THC: since May 5, 2025 hemp products with THC can't be sold to consumers, and delta-8 and other synthetic cannabinoids are banned.

CBD oil in Montana
Neighbors: tap to compare
Colors show the product you picked. Tap a neighbor to compare.

CBD oil & tinctures

In Montana
Legal with limitsChecked Sep 30, 2026

Only THC-free CBD oil. Since May 5, 2025, Montana law bars selling a hemp product that contains total delta-9 THC to consumers unless the FDA has authorized it, so isolate and broad-spectrum oils with no THC are the legal choice.

  • Check the lab report (COA) for zero or non-detect total delta-9 THC.
  • The sources checked set no minimum age for CBD.
Min. age
No state minimum
THC limit
No total delta-9 THC in consumer hemp products
Medical
Medical marijuana program
Recreational
Yes (adult-use)

Montana at a glance

Status of all 8 products in Montana. Tap a row to see the full answer.

ProductStatusThe rule
CBD oil & tincturesLegal with limitsTHC-free only · no total delta-9 THC in consumer hemp products
CBD gummies & ediblesLegal with limitsTHC-free only; the 2025 sale ban is stricter than the 0.5 mg cap
CBD creams & topicalsLegal with limitsTHC-free topicals fine; THC topicals not addressed by name
Full-spectrum CBDNot legalBanned from sale to consumers since May 5, 2025 (SB 375)
Hemp delta-9 edibles & drinksNot legalBanned from sale to consumers since May 5, 2025 (SB 375)
Delta-8, delta-10 & THCPNot legalSynthetic cannabinoids banned, incl. in dispensaries
THCA flower & pre-rollsNot legalHemp flower with THC can't be sold to consumers since May 2025
Hemp vapes & cartsLegal with limitsTHC-free CBD vapes only; delta-8 and THC carts banned

Montana CBD laws by product

Checked Sep 30, 2026 against Montana's official sources, listed at the end of the page.

Is CBD oil legal in Montana?

Legal with limits

Only THC-free CBD oil. Since May 5, 2025, Montana law bars selling a hemp product that contains total delta-9 THC to consumers unless the FDA has authorized it, so isolate and broad-spectrum oils with no THC are the legal choice.

  • Check the lab report (COA) for zero or non-detect total delta-9 THC.
  • The sources checked set no minimum age for CBD.
CBD strength per drop →

Are CBD gummies legal in Montana?

Legal with limits

Only THC-free CBD gummies and edibles. Montana bars selling hemp products meant for consumption that contain total delta-9 THC to consumers, unless the FDA has authorized them.

  • An older rule in MCA 16-12-117 caps hemp products at 0.5 mg total delta-9 THC per serving and 2 mg per package; the 2025 THC sale ban is stricter.
Why THC per jar matters →

Are CBD creams and topicals legal in Montana?

Legal with limits

THC-free CBD creams and topicals are legal in Montana. The 2025 ban covers hemp products intended for consumption, smoking, vaping or another method of administration; whether that reaches topicals with THC is not stated.

Is full-spectrum CBD legal in Montana?

Not legal

No. Full-spectrum CBD contains THC, and since May 5, 2025, Montana bars selling hemp products that contain total delta-9 THC to consumers unless the FDA has authorized them.

  • Broad-spectrum and isolate products without THC are still allowed.

Are hemp delta-9 edibles and drinks legal in Montana?

Not legal

No. Since May 5, 2025, Montana bars selling any hemp product that contains total delta-9 THC to consumers unless the FDA has authorized it. THC edibles are sold only as marijuana products by licensed dispensaries.

  • Licensed dispensaries sell marijuana edibles; from July 1, 2026 those are capped at 5 mg per serving and 100 mg per package.
Hemp under federal law →

Is delta-8 legal in Montana?

Not legal

No. Montana bans making, storing or selling synthetic cannabinoids, and the Department of Revenue lists delta-8, delta-10, THCP, HHC and THC-O among them. Licensed dispensaries may not sell them either.

  • The Department of Revenue takes complaints about synthetic cannabinoid sales.

Is THCA flower legal in Montana?

Not legal

No. Montana's hemp definition caps total delta-9 THC at 0.3%, and since May 5, 2025, hemp products meant for smoking that contain total delta-9 THC may not be sold to consumers. Flower over the hemp limit is marijuana and is sold only by licensed dispensaries.

  • Unprocessed hemp flower is exempt from the 0.5 mg per serving cap in MCA 16-12-117, but the 2025 THC sale ban still applies.

Are hemp vapes legal in Montana?

Legal with limits

Only THC-free CBD vapes. Montana's 2025 ban names hemp products for vaping that contain total delta-9 THC, and delta-8 and other synthetic cannabinoid carts are banned outright.

What changed in Montana

How the December 11 rule works →

2 state changes since 2024. Two federal changes follow on Nov 12 and Dec 11, 2026. See each change with its source.

Today
Apr 7 2025
Montana
Synthetic cannabinoid ban tightened
May 5 2025
Montana
No THC in hemp products sold to buyers
Nov 12 2026
Federal · all states
41 daysLab-only cannabinoids like THC-O lose hemp status
Dec 11 2026
Federal · all states
70 days0.4 mg total THC per container cap

Buying and carrying CBD in Montana

Buying CBD online in Montana

Montana's 2025 law bars selling a hemp product that contains total delta-9 THC to any consumer in the state, and the official text does not exempt online or shipped sales. THC-free isolate and broad-spectrum CBD are the products that fit.

Traveling with CBD in Montana

Montana defines hemp as cannabis with 0.3% total delta-9 THC or less. The official sources checked set no separate rule for carrying CBD; SB 375 restricts sale to consumers and does not address possessing hemp products bought elsewhere.

TSA rules for CBD →

CBD for pets in Montana

Montana's sources don't address pet CBD products separately.

Montana marijuana program

Montana has medical and adult-use marijuana sold by licensed dispensaries regulated by the Department of Revenue's Cannabis Control Division. In some counties dispensaries may sell only medical marijuana.

Verify the source →

Is your full-spectrum product over the December 11 cap?

Enter delta-9 and THCA from the lab report and the package size, and the calculator shows total THC per container.

Use the total THC calculator

Montana CBD questions

Is CBD oil legal in Montana in 2026?

Yes, if it has no THC. Since May 5, 2025, Montana bars selling hemp products that contain total delta-9 THC to consumers unless the FDA has authorized them, so isolate and broad-spectrum oils are the legal choice and full-spectrum oil is not.

How old do you have to be to buy CBD in Montana?

The Montana sources checked set no minimum age for THC-free hemp CBD. Marijuana products are sold only by licensed dispensaries.

Can you buy CBD online in Montana?

Montana's 2025 law bars selling a hemp product that contains total delta-9 THC to any consumer in the state, and the official text does not exempt online or shipped sales. THC-free isolate and broad-spectrum CBD are the products that fit.

Can you travel with CBD in Montana?

Montana defines hemp as cannabis with 0.3% total delta-9 THC or less. The official sources checked set no separate rule for carrying CBD; SB 375 restricts sale to consumers and does not address possessing hemp products bought elsewhere.

Will the federal hemp change on December 11, 2026 affect CBD in Montana?

Less than in most states. Montana already bars selling hemp products that contain total delta-9 THC to consumers, which is stricter than the federal 0.4 mg total THC per container cap from December 11, 2026. THC-free isolate and broad-spectrum products are not affected by the cap.

Sources 6Checked Sep 30, 2026
  1. Montana LegislatureSB 375 (2025), Chapter 394: Prohibiting the sale of hemp products that contain THC to consumers
  2. Montana LegislatureHB 49 (2025), Chapter 100: Generally revising laws related to synthetic cannabinoids
  3. Montana LegislatureMCA 16-12-117: Synthetic cannabinoid products prohibited, restriction on sale of marijuana products
  4. Montana LegislatureMCA 80-18-101: Hemp definitions
  5. Montana Department of RevenueSynthetic Cannabinoids
  6. Montana Department of Revenue2025 Legislative Updates: New Cannabis Laws in Montana

Open these official sources, with links, on our verification page →

How we checked: every answer on this page was checked on Sep 30, 2026 by the canary. editorial desk against 6 official government sources. When we find a change, we update this page and log it with its date. See every source with its link.

General information, not legal advice. Hemp law in Montana can change quickly. Check the official sources above or speak with a Montana attorney before buying, selling or shipping hemp products.

Compare nearby states

Full map →

Each badge is that state's overall verdict across all 8 products.

IdahoLegal with limitsNorth DakotaLegal with limitsSouth DakotaLegal with limitsWyomingLegal with limits