Is Delta-8 legal in Montana?

What is Delta-8? 

Delta-8 THC (or Delta-8-tetrahydrocannabinol) is a naturally occurring chemical compound called a cannabinoid that’s found in small traces in hemp and cannabis (marijuana) plants.

- source: webMD.com

How does Delta-8 compare to regular THC?

Not only are their chemical compounds very similar, but they also share some of the same effects. Some refer Delta-8 THC as a "diet weed", as it's effects are very much the same but causes a milder high.

Is Delta-8 legal?

Under the Farm Bill signed into law by Donald Trump in 2018, industrial hemp was federally legalized and removed from the list of illegal controlled substances.
The law only applies to "industrial hemp", containing no more than 0.3% Delta-9 THC.
Considering that Delta-8 THC can be derived from hemp, it is legal on a federal level.
Since the bill has passed, many states are passing their own legislation against THC based cannabinoids as most are still considered to be psychoactive.

Is Delta-8 legal in Montana?

No, while Montana aligns its laws similar to the federal laws when it comes to CBD and hemp, they have also labeled THC and any of it's isomers as a Schedule I controlled substance.

Is cannabis recreational in Montana?

No, in 2011 Montana adopted their Medical Marijuana Initiative, which legalized cannabis for qualifying medical use. Montana has not yet legalized cannabis for recreational use. However, voters within the state have shown interest in full legalization, and there have been several continuing attempts to change Montana's cannabis laws, so this may change in the near future.

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