Introduction
Laws about the use of cannabis are changing rapidly and can be confusing. Laws differ by type of use, such as medical or adult use, and they also vary by state. While many states allow for the medical use of cannabis, and an increasing number of states also have legalized cannabis for adult use, cannabis use remains illegal at the federal level, and adult-use cannabis is illegal for individuals who are under the age of 21. Parents, or those in a parenting role, and teens are often unclear about the laws and have misconceptions about the consequences of breaking the laws.
Let’s explore the laws regarding cannabis use in Montana and discuss scenarios that you, as a parent or someone in a parenting role, might encounter. Please note that certain localities may have stricter laws (ordinances), that laws change, and that this information is not a substitute for legal advice.
In Montana, medical cannabis is permitted for adults who are at least 18 years old and have a medical cannabis card. Minors under the age of 18 are legally allowed to obtain a medical cannabis card with the consent and assistance of a parent or legal guardian.1
Adult-use cannabis is allowed for adults who are at least 21 years old. Adult use of cannabis became legal as of January 1, 2021. The sale of cannabis for adult use began in some Montana counties on January 1, 2022.
So, What Exactly Is Illegal?1,2
For Minors Under the Age of 21
- It is illegal for someone under the age of 21 to possess or consume cannabis unless they are a medical cannabis cardholder.
- For registered cardholders, it is illegal to exceed the possession limit of 1 ounce of usable cannabis. It is also illegal to exceed the purchase limit. (The default purchase limit is 1 ounce of cannabis flower per day and 5 ounces of flower per month or the equivalent amounts of THC if purchasing edibles, topicals, or other products.)
- It is illegal for someone under the age of 18 to possess or obtain cannabis, even for medical reasons, without parental consent. Individuals 18-20 years old do not need parental consent to apply for a medical cannabis card.
- It is illegal for anyone to operate a motor vehicle when impaired by cannabis.
For Adults Ages 21 and Older
- It is illegal to provide someone under the age of 21 with cannabis unless you are the parent/guardian and are listed as the cannabis provider for a minor who is a medical cannabis cardholder.
- It is illegal to operate a motor vehicle when impaired by cannabis.
- As of January 1, 2021, adults 21 and over may possess and use up to one ounce of marijuana with no criminal penalties. However, marijuana consumption and possession (including medical marijuana) remain prohibited in public and certain other locations.
Legal Consequences
Since the legalization of adult-use cannabis in Montana is relatively new, specific penalties and legal consequences for breaking the law are changing rapidly as lawmakers draft and pass legislation. Depending on current laws and other factors, breaking laws regarding cannabis possession and use may result in criminal or civil charges, and penalties range from deferred sentences to fines to imprisonment.
Driving under the influence of drugs or alcohol is illegal, and the legal system treats driving under the influence charges similarly, regardless of the substance. That is, driving under the influence of any drug or substance, whether the substance is alcohol or cannabis/cannabis, has similar legal consequences. Penalties can include jail and/or fines and increase if children (under age 16) are in the vehicle at the time of the offense.4
“What If” Scenarios
What if my child/teen encounters a cannabis plant at a friend/neighbor’s home? Can they try it?
It is not legal for a person under the age of 21 to use or possess cannabis unless they have a medical cannabis card. And, it is not a good idea for young people to even “just try” cannabis, as such use is a risk factor for additional substance misuse, falling behind in school, and other negative consequences.
Encourage your child/teen to avoid cannabis, including cannabis plants. You might also consider asking other adults (such as the parents of your child’s/teen’s friends) if they have cannabis in their home and if it is accessible to children/teens who are visiting.
What if my child/teen is at a party where others are smoking cannabis, but they are not? Would they still get in trouble even if they weren’t using cannabis?
No. According to Montana law (45-5-624), your child/teen may not be arrested for being around others who are consuming cannabis if they have not consumed it and are not in possession. However, they could be violating their school’s code of conduct policy, which would not have legal consequences but would have consequences at school.
I use cannabis to relieve stress and help me sleep. Since cannabis is legal in Montana, I think this is okay. I think cannabis would also help my teenager with their stress and anxiety. Can I let my teen try cannabis for stress relief?
No, unless the teen has their own medical cannabis card. People under the age of 21 cannot use cannabis under the law.
What if my child/teen consumes cannabis at a friend’s house and is planning to drive home? How long does my child/teen need to wait before they can drive safely?
The most straightforward answer is to tell your child/teen that if they have used cannabis, they should not drive. Establish family rules to never drive after using cannabis, alcohol, or any substance or medication that impairs. Similarly, tell your child/teen never to ride with someone who has been using cannabis or drinking alcohol. Discuss the dangers of such behaviors. When establishing family rules, you can discuss your expectations, develop consequences for such behaviors, and discuss alternative behaviors you support, like calling you for a ride or alternative transportation options. Assure your child/teen that there will be no negative repercussions if they choose to call you for a ride. Engaging your child/teen in conversations about these behaviors, discussing various situations that might arise, and discussing how to handle those situations can support your child/teen in high-stress situations. Driving impaired or riding with a driver who is impaired is dangerous.
For more information, go to:
https://www.cdc.gov/parentsarethekey/agreement/index.html
https://www.nhtsa.gov/road-safety/teen-driving
Closing
As a parent or someone in a parenting role, you make a lot of decisions about what is acceptable or not acceptable for your child/teen regarding cannabis use. Knowing the laws and ordinances in your community and state can help you decide what is best for your child/teen. But, even if something is legal, it may not be safe for your child/teen. As a parent, you are vital to helping your child/teen prevent harm associated with cannabis and other substances. By implementing strategies such as talking and listening, establishing rules, modeling positive behavior, monitoring, and clarifying misperceptions, you can make a difference in your child’s/teen’s life.
