A Montana bill that would impose new restrictions on the state’s recreational marijuana market is advancing in the legislature.
House Bill 636, which passed the full House in an 84 to 15 vote last week, was referred on Friday to the Senate Business, Labor, and Economic Affairs Committee for further consideration.
The bill, introduced by Representative James Etchart (R), proposes significant changes to Montana’s marijuana laws. If enacted, it would cut the THC limit for edibles in half, reducing the maximum serving size from 10 mg to 5 mg and maintaining the 100 mg per package cap. It also bans candy and dessert-like edibles that could be considered appealing to children.
Additionally, HB 636 sets a 35% THC cap on marijuana flower and establishes the following THC limits for tinctures, topicals, capsules, and other products:
- Capsules: 100 mg THC per capsule, 800 mg THC per package
- Tinctures: 800 mg THC per package
- Edibles and food products: 5 mg THC per serving, 100 mg THC per package (previously 10 mg per serving)
- Topical products: 6% THC concentration, 800 mg THC per package
- Suppositories and transdermal patches: 100 mg THC per unit, 800 mg THC per package
- Other marijuana products: 800 mg THC per package
The bill allows a 10% deviation in THC content for edible products, and dispensaries would be allowed to sell marijuana products with higher THC potency levels to registered medical marijuana cardholders.
The bill also mandates child-resistant exit packaging and increases licensing fees for dispensaries, with operators paying $5,000 for their first location and an additional $5,000 per additional store.
Montana voters approved marijuana legalization in November 2020 through Initiative 190, which passed with 57% support. Adult-use sales began in January 2022, with dispensaries operating under regulations set by the Department of Revenue. The state generated $336 million in total marijuana sales in 2024 alone.
If approved, HB 636 would take effect on July 1, 2026.
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