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growing marijuana in montana

Growing marijuana in montana

Adults may cultivate up to two mature marijuana plants and two seedlings for private use in a private residence, subject to certain restrictions. (Medical marijuana cardholders may cultivate up to four mature plants and four seedlings). The plants may not be visible to the public.

Will adult-use marijuana be available for sale in all Montana counties on January 1, 2022?

The My Revenue portal will no longer be available after July 23, 2021. Department of Revenue forms will be made available on MTRevenue.gov.

Where’s My Refund?

No, the dispensaries are the responsible party for collecting and remitting the tax. If you only cultivate for personal use this is not taxable, being a licensed provider for additional cardholders is a taxable relationship.

Growing marijuana in montana

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Following the passage of Initiative 190 in November, it became legal on Jan. 1 for adults to possess no more than one ounce of marijuana for personal use in the state of Montana. Presently, the only legal way to acquire cannabis for adult-use purposes is to grow it yourself — traveling to a state where recreational cannabis is legal to buy and bringing it back to Montana would break federal law. I-190 allows residents to have up to four marijuana plants of their own, but that will be reduced to two plants per person or four plants per household once HB 701 is signed.

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HB 701 will also require that any marijuana transported in an automobile be in a secure bag (unopened, in its original packaging) in the trunk or locked in the glove compartment. Anyone caught with marijuana or cannabis products that are not properly secured could be fined up to $100. HB 701 also prohibits the smoking of marijuana in a public place, other than establishments licensed for its consumption, and those who do could be fined up to $50.

Residents who don’t want to grow their own marijuana and who do not have a medical marijuana card will have to wait until Jan. 1, 2022, when already established medical dispensaries can start selling it to all adults. HB 701 gives established Montana medical marijuana providers an 18-month head start on the adult-use market, and dispensaries that are not already established will not be able to apply for an adult-use license from the state until July 1, 2023.

As a result, marijuana opponents and proponents say the battle over recreational cannabis will now move to the county level. Opponents are confident that residents who opposed I-190 won’t change their minds now. Proponents say that those communities will not want to miss out on the tax revenues generated by the adult-use business.

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This story was updated May 19, 2021 to reflect HB 701’s new status as law after the bill was signed by Gov. Greg Gianforte.

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