Montana Real Estate & Cannabis Regulations

Cannabis Status: Pending

Montana will offer a unique cannabis market opportunity, being one of the first states in its region to legalize adult-use cannabis. The state also boasts the fourth largest amount of land of any state, making cultivation opportunities nearly endless. In addition the state will be the first to set aside licenses for the eight sovereign Native American tribes located within the state, offering this historically disadvantaged group access to one of the largest growing industries in the country.

Name: Montana
Population: 1,069,000
Median Income: $54,970
Cannabis Uses: Cultivation, Retail, Manufacturing, Transportation, Testing
State Cannabis Overview: Currently closed for applications for at least another 2 years, except for existing medical operators and the eight recognized Native American tribes in the state. Licensing detials for adult use will be issued once general licensing opens up in July 2025, the state is still working on those regulations.

6/30/23 Update – From January 1, 2022, until July 1, 2025, only Montana medical marijuana licensees who were licensed on April 27, 2021 (or had an application pending with DPHHS on that date) may be issued a license for cultivation, manufacture, or sale of adult-use marijuana.

The Department of Revenue may issue a total of eight Combined-Used Licenses – one to each of the federally recognized Native American tribes located in Montana, or to a business entity that is majority-owned by a federally recognized tribe located in Montana. Combined Use Licenses consist one of tier one canopy license and one dispensary license that must be located at the same licensed premise. Combined Use licensees must operate in a “green county” and within 150 air miles of the exterior boundaries of the reservation, or, for the Little Shell Chippewa tribe, within 150 air miles of the tribal services area. For more information on Combined Use Licenses, see 16-12-225, MCA and ARM 42.39.415.

Montana Cannabis & Commercial Real Estate Research

Uses: Testing, Cultivation, Manufacturing, and Retail

Adult-Use Distance Requirement: TBD. Final regulatory and licensure will be centrally controlled by the Department of Revenue.

Current Medial Distance Requirement: Cannot be within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school or postsecondary school other than a commercially operated school, unless the locality allows for a reduced distance. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee’s premises.

Caps: TBD. Final regulatory and licensure will be centrally controlled by the Department of Revenue.

Tax Rate:

20% of gross receipts for adult-use cannabis sales. Municipalities can levy an additional 3% tax on top of that.

4% of gross receipts for medical sales.

Montana Cannabis Map of Allowed Sales

Where are cannabis sales allowed in Montana? See below in this map made by the state of Montana, showing where cannabis sales are allowed. (this can be adjusted by local jurisdictions by a vote in elections at the county level)

In a county where the majority of voters opposed Initiative 190, adult-use sales will be allowed if that county holds an election and a majority of the voters choose to allow marijuana businesses to operate in that jurisdiction.

In a county where the majority of voters supported Initiative 190, certain marijuana businesses could be prohibited if that county holds a local election and a majority of the voters choose to prohibit that type of business from operating

Billings

Missoula

Great Falls

Bozeman

Butte-Silver Bow

Visit CREC Portal for more information on Montana Real Estate.

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