History of Montana Cannabis
Montana was one of the earliest states to legalize medical marijuana back in 2004 for patients with different qualifying conditions. During this year the state passed the Montana Medical Marijuana Allowance Initiative (I-148) with approximately 62% voter approval. In 2011, the Senate enacted rigid conditions for qualifying medical marijuana patients in Senate Bill 423, Montana Marijuana Act. This Senate bill was challenged in 2016 with a new Initiative, I-182 which passed a few months later removing stricter requirements and adding new qualifying medical conditions. In 2017, there were additional changes made with Senate Bill 333 for better regulations, added taxes, and manufacturing of medical cannabis products. Over the years, Montana cannabis has had many different initiatives and Senate Bills to help create stricter requirements, add qualifying conditions, and allow for more manufacturing of products.
Current Legislation in Montana
As of January 1st, 2021 cannabis is legal in Montana for both medical patients and adults thanks to Initiative 190 and Constitutional Initiative 118. Residents 21 or older are now legally allowed to purchase, possess, and use cannabis. Being that Montana cannabis has been legal for some time they have a steady process for different license types in the state.
Types of Cannabis Licenses in Montana
Canopy License (Cultivation License)
This is the main business license and is structured in tiers from Micro through Tier 9. The tier level establishes how many Provider Location licenses and total square feet of cultivation a business may operate.
Provider Location License (Cultivation Location License)
A Provider Location license is required for each cultivation location. The number available to a licensee is limited by Canopy Tier level.
MIPP Location License (Marijuana-Infused Product Provider)
One MIPP license is required for each manufacturing facility. A Chemical Manufacturing Endorsement is a prerequisite to approving MIPP licenses. There is no limit to how many MIPP licenses a licensee may have. The MIPP license is optional and allows a licensee to produce and sell products not intended for smoking such as edibles, ointments, and tinctures.
Dispensary Location License
One Dispensary Location license is required for each dispensary. Providers who only make deliveries are required to have one dispensary license, but it does not have to be a storefront.
Chemical Manufacturing Endorsement
Available to any business at startup or later on. A business that will manufacture and have MIPP licenses only needs one Chemical Manufacturing endorsement.
Each license type holds a different necessity to enter the market for both medical and adult-use marijuana. Applications for each license are submitted through the Complia Industry Portal, click HERE for a visual guide to the process. To follow along with how the state has created its licenses look at the Canopy Organization Chart HERE.
“Montana’s medical marijuana industry is vertically integrated – this means a licensee must cultivate and/or manufacture all medical marijuana products they will sell. There is no wholesaling or processing between providers.”
How to Obtain a License
Obtaining a cannabis license in Montana is dependent on medical vs. recreational use and the type of license you are looking to hold. Any new business wishing to enter the Montana cannabis market must apply and hold a minimum of three licenses. To hold a medical marijuana delivery license, you must also hold a Dispensary Location License. If you are looking to manufacture products you must apply for a Chemical Manufacturing Endorsement License as well as a Marijuana-Infused Product Provider License. These two go hand-in-hand to manufacture and produce different products such as tinctures, edibles, and ointments to name a few. If you wish to grow cannabis this requires a Canopy License. Canopy License applications are controlled by the Montana Medical Marijuana Program Provider requiring that New Canopy License applicants go through a fingerprint and background check, provide a Montana driver’s license, state ID, or tribal ID, along with proof of three years residency minimum.
To obtain a Montanan cannabis medical license the process also requires different inspection forms to be followed – HERE is the general inspection information website page for all of your needs.
Montana adult-use cannabis will be controlled by the Department of Revenue to approve marijuana license applications. While there is currently no limit on the number of licenses the department will issue a time frame in the coming months where only current license holders can apply for adult-use permits. The first 12 months of open applications in the state will strictly be for those with current medical marijuana licenses, after this period the applications will be open to those who wish to obtain a recreational license. The cost of an adult-use cannabis license is still undetermined at this time.
Cannabis Real Estate
The state of Montana has set specific rules and regulations regarding cannabis real estate, each municipality has the ability to create stricter requirements, or exclude cannabis from the city entirely if they like. Minimum zoning laws throughout Montana require that all dispensary locations must be at least 500 feet from schools, post-secondary schools, and places of worship. Each location is subject to local municipal building inspections as well as operation inspections by the Montana Department of Public Health and Human Services.
Bozeman, MT (27 disepsnaries)
Sec. 38.360.180. – Medical marijuana.
A.
Any activity involving medical marijuana must meet all requirements of state law including, but not limited to, the standards of title 50, chapter 46, Montana Code Annotated (MCA 50-46-101 et seq.), and limits on possession, clean air, etc., and any applicable administrative rules established by the state. Should such rules or laws change, any medical marijuana facility must immediately begin any required process to come into compliance with the new rules. This includes submittal for review of applications to the city as they may relate to zoning, business licensing, or other municipal programs. Compliance with city zoning regulations does not shield any person, corporation, or other legal entity from the requirements of, or enforcement by, other governing entities, or from civil liabilities.
1.
Unless specifically exempted, any person or existing or proposed entity intending to conduct activities that meet the definitions of “agriculture,” “manufacturing,” “office” or “retail” as established in Division 38.700 of this chapter which is for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana must, in addition to this section, comply with all other provisions of this Code, and must not be located within 400 linear feet of the exterior property line of:
a.
All schools or facilities, where students are regularly present, owned, or operated by Bozeman School District 7 whether located inside or outside the city limits; or
b.
All private schools, not including home schools, where students are regularly present, whether located inside or outside the city limits, which provide instruction in the class range from kindergarten to 12th grade and which are either subject to MCA 20-5-109 or listed as a kindergarten provider by the county superintendent of schools.
c.
For purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures from the property line of a school as stated in subsections 1.a and b of this section, regardless of whether those schools are located within the jurisdictional limits of the city, to the property line of the business providing medical marijuana.
2.
Any activities meeting the definitions of “agriculture,” “manufacturing,” “office” or “retail” as established in article 7 of this chapter which is for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana may not be located in the R-4 and R-5 districts, or on properties adjacent to Main Street within the core area of the B-3 district as defined in section 38.300.110.D.
Missoula, MT (26 dispensaries)
With a population of 76,784 people, Missoula, Montana has the second-highest number of dispensaries in its city limits.
Billings, MT (20 dispensaries)
Zoning In On The Conclusion
Montana is one of 4 states to have voted on an adult-use cannabis program in the November 2020 election. As the state grows in its initiatives there is tremendous opportunity to enter the cannabis market. While the task of entering a growing industry and a newer adult-use cannabis market may seem daunting working with professionals can help ease the PAIN points for you. If you’re interested in Montana cannabis reach out to our team of professionals at Zoned Properties to find the best license and properly zoned property for you!
Previous Content
While Montana has allowed medical cannabis for some time, adult-use cannabis has just been legalized as of January 2021 thanks to the November 2020 election. Thanks to Initiative 190 and Constitutional Initiative 118 residents of the state age 21 and older are allowed to purchase, possess, use, and grow up to an ounce of Montana cannabis. Although recreational use of the plant is allowed the state still allows medical marijuana cards for those who qualify based on the necessary conditions.
Montana was one of the earliest states to legalize medical marijuana. In 2004, the state passed the Montana Medical Marijuana Allowance Initiative with almost 62% voter approval. Over the years, the state has had many different initiatives and Senate Bills to help create stricter requirements, add qualifying conditions, and allow for more manufacturing of products. Being that Montana has allowed cannabis for some time they have a steady process for different license types in the state.
Types of License:
- Canopy License
- Provider Location License
- MIPP Location License (Marijuana-Infused Product Provider)
- Dispensary Location License
- Chemical Manufacturing Endorsement
Each license type holds a different necessity to enter the market for both medical and adult-use marijuana. To follow along with how the state has created its licenses look at the Canopy Organization Chart HERE. “Montana’s medical marijuana industry is vertically integrated – this means a licensee must cultivate and/or manufacture all medical marijuana products they will sell. There is no wholesaling or processing between providers.”
How to Obtain a License
Obtaining a cannabis license in Montana is dependent on medical vs. recreational use and the type of license you are looking to hold. To hold a medical marijuana delivery license, you must also hold a Dispensary Location License. If you are looking to manufacture products you must apply for a Chemical Manufacturing Endorsement License as well as a Marijuana-Infused Product Provider License. These two go hand-in-hand to manufacture and produce different products such as tinctures, edibles, and ointments to name a few. If you wish to grow cannabis this requires a Canopy License. Canopy License applications are more controlled by the Montana Medical Marijuana Program Provider requiring that New Canopy License applicants go through a fingerprint and background check, provide a Montana driver’s license, state ID, or tribal ID, along with proof of three years residency minimum.
Going through the process above also requires different inspection forms to be followed. HERE is the general inspection information website page for all of your needs.
The Department of Revenue will be in charge of approving license applications for Montana adult-use cannabis. While there is currently no limit on the number of licenses the department will issue a time-frame where only current license holders can apply for adult-use permits. The first 12 months of open applications in the state will strictly be for those with medical marijuana license holders, after this period the applications will be open.
Zoning In On the Conclusion
Montana is one of 4 states to have voted on an adult-use cannabis program in the November 2020 election. As the state grows in its initiatives there is tremendous opportunity to enter the cannabis market. While the task of entering a growing industry and a newer adult-use cannabis market may seem daunting working with professionals can help ease the PAIN points for you. If you’re interested in Montana cannabis reach out to our team of professionals at Zoned Properties to find the best license and properly zoned property for you!