Is Delta 8 THC legal in Montana?
NO, Delta 8 is not legal in Montana
Delta 8 THC is not legal according to Montana state law. But Delta 9 THC is Legal.
Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.
MONTANA CODE ANNOTATED 2019 – EFFECTIVE FROM 8/24/2019
TITLE 80. AGRICULTURE. Chapter: 4 INDUSTRIAL HEMP PROGRAM. Subchapter: Hemp Definitions and License Applications
4.19.101 DEFINITIONS
(2) “Hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with delta-nine tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.
(3) “Hemp plant extract” means a processed product from hemp plant or floral material including but not limited to oil, powder, cake, pellet, etc.
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TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. Part 1. General Provisions
50-32-101. DEFINITIONS. 50-32-222. SPECIFIC DANGEROUS DRUGS INCLUDED IN SCHEDULE I.
(18) ”Marijuana (marihuana)” means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.
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TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. Part 2. Scheduling of Dangerous Drugs
50-32-222. SPECIFIC DANGEROUS DRUGS INCLUDED IN SCHEDULE I.
(4) Hallucinogenic substances. (ff) tetrahydrocannabinols, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:
(i) delta 1 (delta 9) cis or trans tetrahydrocannabinol and its optical isomers;
(ii) delta 6 cis or trans tetrahydrocannabinol and its optical isomers; and
(iii) delta 3,4 cis or trans tetrahydrocannabinol and its optical isomers;
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