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News And Legislation

Is Delta-8 THC Legal in Montana? Delta 8 Legality by State 2023

Delta 8 THC is a cannabinoid that may be found in the hemp plant. It has a low level of psychoactivity but has taken the globe by storm. It is a best-seller all around the nation. That’s because people appreciate the effects, which can be quite similar to delta-9. Especially in those states where marijuana is not legal for adult usage, Delta-8 has become well-liked by people. Numerous individuals use delta-8 edibles, vapes, oils, and other items for various reasons, including medicinal and recreational purposes. But is delta-8 THC legal in the State you live in? In this blog we’ll go over if delta-8 THC is legal in Montana. 


People in Montana interested in trying delta 8 may be anxious to find out where they can get it. Still, before they can do so, they need to know whether it is legal to do so in Montana. We’ll talk about whether delta-8 THC is legal in Helena, Missoula, Billings, Bozeman, and other regions of Montana.

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Is Delta 8 Legal In Montana?

Delta-8 THC is ILLEGAL

In its current configuration, Montana is one of just a few states that has a stringent prohibition on delta 8 THC. The Farm Bill of 2018 makes the cultivation of hemp and any products having less than 0.3% delta-9-tetrahydrocannabinol (THC) permissible under federal law. However, even though delta 8 THC is a cannabinoid that’s legal for use in accordance with federal law, it is not legal in Montana.


Delta-8 THC Laws in Montana 

The state of Montana has recently revised its hemp legislation in order to allow some hemp byproducts, such as CBD. However, the law that is in place right now in the state establishes restrictions on tetrahydrocannabinol. The term “marijuana” is defined by the state as “any compounds from the genus Sativa comprising tetrahydrocannabinol” (THC).


Unfortunately, the state identifies all tetrahydrocannabinol and isomers of tetrahydrocannabinol as a Controlled Substance under Schedule I in the state. The legislation does not offer an exemption for THC generated from hemp.


As long as this legislation is active, Delta-8-THC will remain a prohibited substance in the state of Montana. 


As it is illegal in Montana, Delta-8 cannot be purchased legally here. Delta-8 is on the same level as marijuana in terms of its illegality in Montana.


Therefore, if you purchased Delta 8 in another state and drove it into Montana, you would be breaking the laws of Montana and subject to the repercussions of doing so.

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Final Thoughts

Delta-8 THC can induce a “legal high” in regions where cannabis usage for recreational purposes is illegal, sometimes making it a contentious substance.

However, delta-8 THC’s future is far from guaranteed. Currently, delta 8 THC is illegal in Montana because of state law, and Delta-8 THC legislation is constantly changing at the state level. The most probable consequence is that most states will opt to regulate this hemp-derived unique cannabinoid like recreational marijuana. And as more and more states are beginning to approve of delta-8, Montana may soon follow suit.

Got any questions? Feel free to ask us in the comments below!

Want more info on delta-8 THC? Check out this comparison blog. 

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Jasmin Weber

Jasmin Weber is a seasoned professional in the kratom and CBD industry, contributing her expertise to Grassroots Harvest and GRH Kratom for over three years. A prolific writer, Jasmin crafts engaging content for both the cannabis and kratom websites of these companies and is a recognized voice in related online communities. With a deep-seated passion for the ever-evolving cannabis field, Jasmin dedicates herself to staying at the forefront of industry developments. Jasmin holds a Bachelor of Arts in Human Communication from Trinity University, San Antonio, where she also minored in Creative Writing and Religion, graduating in 2016. Her academic background enriches her ability to communicate complex information clearly and creatively. For collaboration opportunities, Jasmin can be reached at She is keen to explore innovative ideas that advance understanding and engagement in the cannabis and kratom sectors.Bachelor of Arts in Human Communication with Minors in Creative Writing & Religion. Feel free to contact the author at if you have any ideas for collaborations.

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