The treasure state does have a clear view of the future and embraces it with open hands. Though sometimes along the way they deviate from their goal. CBD oil is one such area where some laws and regulations are the need of the hour to make its citizens feel 100% safe and secure.
Is CBD oil Legal
Yes, it is legal if the oil has been derived from industrial hemp and has no more than 0.3% THC content for general usage.
CBD oil that has been derived from other parts of the plant and / or has more than 0.3% THC content that has been meant only for medical marijuana usage and different laws apply to it along with different distribution channels.
What's Legal, What's Not!
Montana has had a stormy history of marijuana legislation before. They had identified and initiated proceedings to allow its residents the use of medical marijuana way back in 2004, much before it was even a thing of debate in many of the other circles. The Medical Marijuana Allowance or more simply known as the Ballot Initiative 148 was approved in the state with a 61% approval. Initiative 148 was a progressive step to help patients with debilitating medical conditions.
Qualified patients needed a written permission from a state authorised physician to be registered with the Department of Health and Human Services if diagnosed with one of the following medical conditions:
- Cachexia or Wasting Syndrome
- Seizures, including those caused by Epilepsy
- Chronic Pain
- Crohn’s Disease
- Painful Peripheral Neuropathy
- HIV / AIDS
- Hospice Care
- Severe Nausea
- Multiple Sclerosis
- Post-Traumatic Stress Disorder (PTSD)
It also defined that if the patient is a minor, they need to have a recommendation from two physicians in order to qualify for the registry.
The people in the state were divided both for it and against it and in the end of the debates, the Governor at the time Brian Schweitzer however vetoed the law. It applied from May 2011 in the state of Montana which basically imposed much stricter controls on medical marijuana.
But in just two more weeks after this, State Bill 243 was approved and passed without the Governor’s signature which severely restricted usage of medical marijuana in the state. This opened up a can of worms and bitter legal battles were fought but the bill was upheld and it severely limited the concessions and provisions of Ballot Initiative 148.
In 2012, however this new and modified twice law on medical marijuana was put to ballot through a veto referendum via Initiative Referendum 124 as the new law now was considered unworkable with too many restrictions and got approved with a 57% approval. And then there was a torrent of Senate Bills (12 in total between 2013 to 2015) which for one reason or the other did not make the cut and were outright rejected or were not discussed at all, some due to political reasons as well.
The present marijuana legislation in the State of Montana was approved in 2016 called Ballot Initiative 182 which was complemented in 2017 with the approval of State Bill 0333 that also introduced a taxation for medical marijuana along with many other things.
Although medical marijuana has been approved in Montana state, use of recreational marijuana is still a federal offence. These legal documents and bitter fights helped the state create a much better infrastructure and basic processes that now helps the CBD industry. It confuses as well, but the benefits from these years of discussions win, usually.
Again, way before anyone else was discussing industrial hemp, in 2001 through State Bill 261 Montana approved it as an agricultural crop, if it contained no more than 0.3% THC content. This bill helped for a licensing procedure for farmers to grow hemp in a commercial environment.
But before the Federal Farm Bill allowed its usage and cultivation all over the country, this SB 261 was considered as only a symbolic gesture. This was due to the fact that it contained a request to the federal government to allow such a law to be enacted without any interference from FDA and other federal authorities. At that time, hemp was classified as a Schedule I drug in the federal list of controlled substances.
But having industrial hemp legalised for cultivation does not automatically mean that CBD oil and its many derivatives are also legal. A quid pro quo situation does not apply to it. The legality of CBD oil in Montana derives its powers from the federal bureaucracy and the state has not yet formed its own statutes in this area yet.
And as per federal law at present in any state of the country unless they have made up their own state laws on this subject, CBD oil cannot be used as a food additive for human or for animal consumption until more tests are done. They have also been sending warning letters to retailers and others who have been found to do false advertisements based on the purported health benefits of CBD which are yet to be confirmed by the medical faculties.
Where to buy CBD oil
It is available all over Montana without any problem at all unless someone decides tomorrow to make some more laws and control CBD oil. Some of them in no order of preference are:
- Greenhouse Farmacy, 1541 S 3rd St W, Missoula, MT 59801, USA
- Remedy, 2825 Stockyard Rd Suite A-9, Missoula, MT 59808, USA
- Bloom Montana (East Helena), 3704 E Main St, East Helena, MT 59635, USA
- Modern Medicinal MT, 210 Shadow Wood Dr, Columbia Falls, MT 59912, USA
- Montana Medicinals, 420 N Higgins Ave STE D, Missoula, MT 59802, USA
- And many more.
Horrors of Buying CBD locally
As only Federal laws apply in Montana, do be advised that CBD oil added to food or as a vape are illegal as per the law. However most retailers you will find have many varieties of CBD oils added to foods such as cakes, cookies, coffee and shakes.
Also, advertising the health benefits of CBD is illegal again as federal directives do not allow them till these health claims have been authorised by their medical professionals. As it stands, most local stores have no idea about the validity of the sources whether from hemp or from other parts of the plant unless they have a proper third party testing certificate and buying from such places is unsafe.
How to get CBD Oil Online
Online shopping is the norm of the day. It is faster, convenient and much easier than going around the shops and stores, find a suitable parking, fight with the traffic on the way and then look for a suitable product. Online shopping is easier especially if you know the exact product you want to buy and do not need special advice. Do please check the credentials of the company who is offering the product in regards to its quality and its capability to deliver to your address.
A third party check by a laboratory will give you a good picture of the quality of the product. Do please remember to also check that the CBD product you intend to buy has less than 0.3% THC and do not buy a vape variety of the product or a food supplement or anything added to alcohol or milk shakes or coffee as these forms are illegal as per Federal laws. Other than that you can get good deals online making the product much cheaper than the local market rates with the added convenience of it being delivered while you comfortably sit at home.
Final Thoughts on CBD Oil in Montana
We hope Montana does make their own laws concerning CBD oil and its usage by the general public instead of relying on Federal directives which most times are generalised things rather than being absolute concrete and doable on the ground actions. Though keeping in mind their rather vituperative history of medical cannabis and hemp legalisation, we hope their lawmakers and politicians do find that sweet ground which will help the general public instead of keeping them on tenterhooks while they bring out such laws.