lookup
Is it legal here, on this date?
Montana · CBD (≤0.4 mg THC per container) · on Oct 10, 2026
Banned
- In short
- A hemp product containing total delta-9 THC may not be sold to a consumer unless FDA-authorised (MCA 50-31-239, SB 375), so CBD with trace THC is barred; the section (read Oct 8, 2026) speaks only of a hemp product 'containing total delta-9 tetrahydrocannabinol (THC)', and the word 'cannabidiol' is not in it.
- Channel
- No lawful retail channel
- Potency caps
- 0 total delta-9 THC
- Minimum age
- —
- Retailer licence
- —
- Shipping into the state
- Unclear
- Effective
- May 5, 2025
- Next scheduled change
- None scheduled in the sources checked
- Pending
- HB 636 and HB 792 (Jul 1, 2026) concern marijuana. SB 375's effective date rests on the codified history note and DOR's statement (May 5, 2025).
- Statute / rule
- MCA 50-31-239 (SB 375, 2025) · Montana DOR 2025 legislative updates
- Checked
- Verified Oct 8, 2026
Federal overlay · applies from Dec 11, 2026
Federal: stays hemp after Dec 11
Products at or under 0.4 mg total THC per container with only naturally occurring cannabinoids remain hemp under the new definition. State rules still apply.
General information from public sources with the statute and the check date on every row — not legal advice. Grey means not yet confirmed.
Sources
- P.L. 119-37, Div. B §781 (signed Nov 12, 2025) — the hemp redefinition — checked Oct 8, 2026
- H.R. 6500 enrolled = P.L. 119-103, Div. B §2019 (signed Sep 2, 2026) — the Dec 11 delay — checked Oct 8, 2026
- OMB letter to Speaker Johnson (Jun 24, 2026) asking for 'at minimum, an extension' of §781 — checked Oct 8, 2026
- 21 U.S.C. § 843(c)(2) — internet advertising of controlled substances (United States Code, 2023 Edition) — checked Oct 8, 2026
Frequently asked questions
›Does 'not yet verified' mean banned?
No. A grey lamp means we have not checked that state and product class against a primary source yet. It is on the verification queue. Verified rows show the statute and the day we checked.
›Does the checker decide whether my product is legal?
No. It shows the state row for a product class: the lamp, the channel, the caps and the statute. Compare your label or certificate of analysis with the caps yourself. The status lamp comes from the rules row only.
›What is a 'licensed channel only' lamp?
The product class may be sold in that state, but only through a licensed channel — a licensed hemp retailer, a liquor or package store, or a marijuana dispensary — often with caps and an age limit. The row names the channel and the statute.