Hemp-derived cannabidiol (CBD) oil is available in Montana but is prohibited in food, beverages, and dietary supplements. Hemp-derived CBD can legally be used in tinctures, oils, salves, balms, and lotions, which can be purchased from stores across the state.
CBD derived from cannabis is only available to those registered in the state’s medical marijuana program. Montana legalized medical marijuana in 2004, under the Montana Medical Marijuana Act. Cannabis is illegal in Montana for adult use.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.
Montana CBD Laws
Hemp is legal in Montana. In May 2019, Senate Bill 176 was signed into law, allowing the Department of Agriculture to develop a state hemp program.
The Montana Hemp Plan is a reflection of this law. According to the plan, hemp must contain less than .3% THC (tetrahydrocannabinol) on a dry weight basis. There is no specific legislation outlining the state’s position on CBD, however, several statements from the Montana Department of Agriculture and the Montana Department of Public Health and Human Services provide some guidelines.
The Montana Department of Public Health and Human Services (DPHHS) released a public letter in July 2019, declaring that CBD is prohibited from use as a food additive or dietary supplement. This stance was informed by the FDA position that hemp-derived CBD does not meet the legal definition of a food or dietary supplement.
The Montana Department of Agriculture does not regulate the production or sale of CBD oil in Montana but defers to the FDA for guidelines regarding CBD.
According to the DPHHS, CBD extracts and edibles containing more than .3% THC are best administered by the Montana Medical Marijuana Program, although consumers are entitled to make their own choices about using edible CBD products and extracts derived from marijuana. CBD sourced from cannabis is only legal for registered medical marijuana patients.
Find out more at: https://weedmaps.com/learn/cbd/is-cbd-oil-legal-in-montana