In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Montana Hemp Laws and the legality of CBD in Montana, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Montana
Is Full Spectrum CBD Legal in Montana?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
As per the FDA, Montana hemp laws do not allow CBD products where CBD is added to a food or beverage. The state explains:
There is no current Montana law that allows the introduction of CBD extracts into commerce as a conventional food or dietary supplement. Moreover, DPHHS believes that CBD extracts as edible products is best administered either under the state’s existing drug approval program or the Medical Marijuana Program, and not allowed into the conventional food or dietary supplement supply chain.Industrial Hemp and Cannabidiol Policy for Foods
Other forms of CBD and hemp that are not mixed with food are not prohibited as long as they meet federal guidelines such as not making medical claims and having potency that matches the claimed potency on the product label.
Montana does not offer much in the way of clear legal guidance outside of its hemp cultivation program but some CBD products seem to be legal in the state.
Is It Legal to Ship PCR Hemp Oil to Montana?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Montana?
In Montana CBD hemp products can be bought in stores, or online, as long as they do not mix CBD with food or drink (CBD gummies , CBD chocolates, CBD sodas, and others are not legal federally).
Do you need a special license to purchase PCR Hemp Oil in Montana?
You don’t need a special license to purchase CBD hemp oil (all types) in Montana, only to grow, test, or sell products.
How Does Montana Legally Define Hemp?
“Hemp” means all parts and varieties of the plant Cannabis sativa L. containing no greater than 0.3% tetrahydrocannabinol.Montana Code Annotated 2019. TITLE 80. AGRICULTURE CHAPTER 18. ALTERNATIVE AGRICULTURAL CROPS. Part 1. Hemp
Growing and Selling Hemp in Montana
Montana hemp growers and handlers must be registered and licensed with the state. Montana hemp laws include Section 80-18-101 through 80-18-111 of MCA and ARM 4.19.101-202, which all hemp cultivators, handlers, and processors must follow.
Hemp and CBD products must comply with Montana hemp laws:
- Products must contain no more than 0.3% THC
- The THC must be reported as “total THC”
- Products must come from a registered farm
- Follow sampling and testing requirements
- Products must be tested by a licensed laboratory
Montana state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)