MontanaBill would make consuming unauthorized intoxicants a misdemeanor
The failed proposal would make consuming unauthorized intoxicating products a misdemeanor and limit who could sell many cannabinoid products.
What it does
People who consume an intoxicating drink or product that Montana has not specifically authorized and regulated would commit a misdemeanor.
Most cannabinoid products with more than 0.3% THC could be sold only by state licensed manufacturers or dispensaries. Lower THC products sold outside that system would face serving and package limits.
The bill text defines hemp to exclude synthetic cannabinoids and hemp products meant for people to consume that have an intoxicating effect and are regulated under state marijuana laws.
Argument forBuyers could have more consistent limits on cannabinoid products because the proposal sets sales and potency rules for many products.
Argument againstPeople could face a misdemeanor for consuming a drink or product that Montana has not specifically authorized and regulated.
More detail
A person who consumes an intoxicating drink or product not specifically authorized and regulated in Montana would commit a misdemeanor. This covers drinks and other products made for people to consume that have an intoxicating effect. An intoxicating effect includes changing a person's mental or physical state or causing intoxication.
Most cannabinoid products with more than 0.3% THC could be sold only by state licensed manufacturers or dispensaries. The rules cover cannabinoid products intended for any kind of consumption into the human body, whether or not they are marketed as containing cannabinoids. The sales restriction does not apply to a product authorized as a drug by the U.S. Food and Drug Administration if it causes no intoxicating effects when consumed. Covered products must stay within potency limits set elsewhere in state law. Products with 0.3% THC or less sold outside the state licensing system could contain no more than 0.5 milligrams per serving and 2 milligrams per package. Unprocessed hemp flower is exempt.
The bill text defines hemp to exclude synthetic cannabinoids and certain intoxicating products intended for human consumption. The definition covers Cannabis sativa L. and its parts and derivatives with no more than 0.3% delta-9 THC by dry weight. The exclusion for intoxicating products applies when the product is regulated under state marijuana laws.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 23(S) Died in ProcessDied
- Apr 11(H) 2nd ReadingMinor
- Vote recorded Do Concur. Result: fail.Lower
- Apr 11(H) Scheduled for 2nd ReadingMinor
- Apr 9(H) Committee Report - (H) Business and Labor
- Vote recorded be_concurred_in_as_amended. Result: pass.Lower
- Apr 9(H) Committee Executive Action - (H) Business and Labor
- Mar 27(S) Fiscal Note Printed
- Mar 26(S) Fiscal Note Unsigned
- Mar 24(S) Fiscal Note ReceivedMinor
- Mar 17(H) Hearing - (H) Business and Labor
- Mar 17(H) 1st Reading
- Mar 17(H) Referred to Committee - (H) Business and LaborMinor
- Mar 7(H) Fiscal Note Requested
- Vote recorded Do Pass. Result: pass.Upper
- Mar 7(S) Transmitted to House
- Mar 7(S) 3rd Reading
- Mar 7(S) Scheduled for 3rd ReadingMinor
- Mar 5(S) 2nd ReadingMinor
- Vote recorded Do Pass As Amended. Result: pass.Upper
- Vote recorded AMD-SB0461.001.001 Novak D/PASS. Result: pass.Upper
- Mar 5(S) 2nd Reading Motion to AmendMinor
- Mar 5(S) Scheduled for 2nd ReadingMinor
- Mar 4(S) Committee Report - (S) Business, Labor and Economic Affairs
- Vote recorded do_pass. Result: pass.Upper
- Mar 4(S) Committee Executive Action - (S) Business, Labor and Economic Affairs
- Feb 28(S) Hearing - (S) Business, Labor and Economic Affairs
- Feb 25(S) 1st Reading
- Feb 25(S) Referred to Committee - (S) Business, Labor and Economic AffairsMinor
- Feb 25(S) Introduced
- Feb 24(LC) Draft Delivered to Requester
- Feb 24(LC) Draft in Assembly
- Feb 24(LC) Draft in Final Drafter Review
- Feb 22(LC) Draft in Input/Proofing
- Feb 19(LC) Draft in Edit
- Feb 19(LC) Draft in Legal Review
- Jan 16(LC) Drafter AssignedIntroduced
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