Is CBD legal in Montana?

The CBD wellness trend is zigzagging its way across the country, with an increasing number of people joining the ranks of plant medicine users and advocates. This trend has reached the more conservative areas of the country, with more states signing on with legislation. Montana is one such state.

Cannabis vs Hemp vs Marijuana

Hemp, weed, cannabis, hashish, marijuana, ganja… are they different, or are they names for the same plant? No matter what term you hear or see, every cannabis plant is a cannabis plant. Only when it comes to legal matters is there a distinction present. All cannabis plants that have 0.3% THC content or less are referred to as “hemp” in the eyes of the law and are federally legal as of 2018. All cannabis plants that have more than 0.3% THC content are referred to as “marijuana” and are federally illegal. This is because legislators carry the thought-form that if a plant has more than 0.3% THC content, it will get you high, and that is dangerous.

What Makes CBD Legal in Montana

In 2001, Montana Senate Bill 261 was passed and allowed for the cultivation and production of industrial hemp. The bill helps separate hemp from cannabis, calling it an “agricultural crop.” According to the bill, industrial hemp contains less than 0.3% THC levels, hence not harmful for human consumption. This bill made it legal to grow, harvest, possess, and sell industrial hemp and all hemp-derived products. The law requires producers and farmers to get a license to legally grow the crop and sell and purchase CBD products derived from hemp.

Medical Marijuana in Montana

Citizens of Montana also voted for the 2004 initiative 148, which decriminalized marijuana for medical purposes. This meant patients with debilitating conditions and non-responsive to conventional medicine could use medical marijuana under Montana’s MMJ program. Individuals with conditions ranging from cancer, glaucoma, chronic illnesses including arthritis, seizures, chronic pain, muscle spasms, etc., could thus register for the Montana Medical Marijuana Program. The patients would, upon approval, get IDs provided for by the DPHHS (Montana Department of Public Health and Human Services) showing they could access and use medical marijuana. Anyone without the MMJ ID card found in possession of cannabis CBD or even medical marijuana, even if suffering from qualifying conditions, would be fined $500 and face 6 months of imprisonment.

Under the Montana Medical Marijuana Allowance, Montana provides a framework for how to provide medical marijuana to certain patients, those cannabis products that are over 0.3% THC. Doctors can authorize a medical marijuana card to those suffering from intractable nausea, Multiple Sclerosis, HIV/AIDs, Crohn’s Disease, Epilepsy, chronic muscle spasms, Cancer, Glaucoma, Peripheral Neuropathy, PTSD, severe chronic pain, and chronic illness fatigue.

The 2018 Farm Bill

In 2018, the U.S. Federal Government passed the Farm Bill that made it once again legal to cultivate hemp in the United States and all hemp-derived CBD products effectively became federally legal with its passing. Hemp is no different from cannabis other than this legal fact. The federal government states in this bill that any cannabis plant that has produced 0.3% THC content or less is legal and titled “hemp.” It is believed that these particular plants will not make you feel high and are therefore safe for manufacture and consumption. This is entirely separate from state laws regarding medicinal and recreational use, or “THC markets.”

The 2019 Montana Senate Bill 176 made it possible for entities and individuals looking to cultivate industrial hemp to get a license. Anyone looking to grow hemp has to pass all the requirements before getting a Montana Department of Agriculture license. The Department of Agriculture in Montana introduced a certified help program and plans to help producers produce hemp with the recommended less than .3% THC. In a public letter from the DPHHS, hemp CBD is legal to use as long as it complies with the FDA.

CBD Sampling and Testing Requirements

All farmers and producers of hemp products must submit samples of their hemp to the Montana Department of Agriculture analytical lab for testing. This measure has been put in place to ensure the product has less than 0.3% THC in its dry weight. The lab tests for, among other things: CBD to THC ratio, THC levels, presence of heavy metals (from fertilizers), yeast, and mold. The State laboratory provides a certificate of analysis (COA) to verify the composition of the submitted sample.

Limits of Possession

Hemp CBD is an unregulated product in Montana. There currently aren’t any restrictions or limits on how much CBD one can possess or purchase in Montana. You can purchase and possess as many CBD products as you like. However, patients under the Montana Medical Marijuana program can only have an ounce of medical marijuana at a time. Buying or having more than the stipulated amount of medical marijuana could attract a number of penalties. Anyone with 60grams of marijuana CBD or marijuana can be charged with a misdemeanor or imprisoned for 6 months. Anyone in possession of more than 60grams of marijuana faces felony charges and could be fined up to $50,000 and serve a jail term of up to 5 years.

Hemp Extract vs Hemp Seed Oil

There are a great many products on the shelves originating from the hemp plant. First, there are products made from CBD oil that has been extracted from the flowers and leaves of the hemp plant. Then there are products that are made from hemp seed oil. These products are not the same, because hemp seed oil products are made from oil extracted from the seeds of hemp plants. These oils have excellent applications in beauty products because they are known to moisturize, clear pores, and have anti-inflammatory properties.

Will CBD Make Me Feel High?

Consuming CBD will not make you feel high in any way. One of its downfalls, perhaps, is that it takes a while to settle into your system, and the positive effect sort of creeps up on you. This leaves some newbies to be suspicious at first but not for long. Much anecdotal evidence has said that after 2–3 weeks of a consistent daily regimen of CBD, reviewers noted a considerable increase in overall happiness and well-being. A little dance in their step that wasn’t there before, the ability to handle stress better, and overall better sleep.

Dosing CBD

You will often see the term “low and slow” associated with dosage of plant medicines, even essential oils. The reason for this is plants and herbs take some time and require consistency in order to maximize their efficacy. Be flexible and increase the dosage incrementally after one week to your intended level of comfort as they build up in your system.

In Summary

Now that hemp and hemp-derived CBD products are federally legal, you only need to be 18 years or older to purchase these products. If you cannot easily find the products your desire, you can shop online for CBD products and have them shipped to you. Remember to only buy high quality products and research brand’s testing programs. Make sure every product you buy has been tested by an independent laboratory in order to ensure its safety and efficacy.