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Marijuana Considerations & Laws In Montana

Medical Marijuana Law:

Recreational Marijuana Law:

No Broad Laws Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.


Read more employment specific information on:

Employer Concerns

  • Employers may prohibit use of marijuana in the workplace.
  • An employer is not required to accommodate use of marijuana by a registered cardholder in the workplace.
  • Although employers are not specifically mentioned, the law addresses licensing boards and the Montana Department of Labor and Industry stating that a legal medical marijuana patient cannot be penalized, denied any right or privilege for their status as a cardholder, use, or possession unless their use hinders their job-related performance and then he or she may receive penalties or discipline.
  • Montana has drug testing law with detailed restrictions with which an employer needs to comply if they are going to do drug testing, including definitions around subjected employees, policy, notice and testing requirements, training and education requirements, and more.

Testing

  • Montana has drug testing law with detailed restrictions with which an employer needs to comply if they are going to do drug testing, including definitions around subjected employees, policy, notice and testing requirements, training and education requirements, and more.

Hiring/Termination

  • See Significant above.

Discipline

  • See Significant above.

Use/Possession

  • Smoking is permitted.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • It is illegal to operate a vehicle with blood levels of 5 ng/ml of THC or more. However, with evidence of impairment, a person can be convicted of DUI with less than that amount.
  • Montana has drug testing law with detailed restrictions with which an employer needs to comply if they are going to do drug testing, including definitions around subjected employees, policy, notice and testing requirements, training and education requirements, and more.

Miscellaneous


Sources (e.g. Bill Number, Authority)

  • Montana Code Ann. 50-46-301 to 320 – Medical marijuana law
  • Montana Code Ann. 39-2-205 to 211 – Drug testing law
  • Montana Code Annotated 61-8-401 – Drug driving related
  • Code Ann. 39-51-2303 – Unemployment related
  • Code Ann. 39-71-407 (5), (7) – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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