Montana Cannabis License Requirements
Montana passed Initiative 190 with a 57 to 43% margin of victory. The people in Montana will be able to apply for a cannabis business license and start operating in the state very soon. Montana’s cannabis initiative I-90 is expected to generate around $48 million annually in tax revenue and licensing fees by 2025.
When are Cannabis Licenses Applications Open in Montana
Montana Cannabis Initiatives takes effect on January 1, 2021. No later than October 1, 2021, the department has to promulgate rules and regulations for licenses applications. The rules may not be unduly burdensome. It is estimated that the department will begin accepting applications for providers and dispensaries on January 1, 2022. For the first 12 months after the department begins to receive applications, they will only issue licenses to providers, marijuana- infused products providers, and dispensaries already licensed.
Types of Cannabis Business Licenses to Become Available in Montana:
- Dispensaries: Registered premises from which a licensed adult-use provider or adult-use marijuana-infused products provider is approved to dispense marijuana or marijuana-infused products to consumers
- Testing laboratories: to perform the testing required by the Department
- License providers: Person licensed by the department to cultivate and process marijuana for consumers
- Marijuana-infused products providers: Person licensed by the department to manufacture and provide marijuana-infused products for consumers
These last two type of licenses will be issue according to tiered canopy system:
- A micro tier canopy license allows for a canopy of up to 250 square feet at one registered premises.
- A tier 1 canopy license allows for a canopy of up to 1,000 square feet at one registered premises. A minimum of 500 square feet must be equipped for cultivation.
- A tier 2 canopy license allows for a canopy of up to 2,500 square feet at up to two registered premises. A minimum of 1,100 square feet must be equipped for cultivation.
- A tier 3 canopy license allows for a canopy of up to 5,000 square feet at up to three registered premises. A minimum of 2,600 square feet must be equipped for cultivation.
- A tier 4 canopy license allows for a canopy of up to 7,500 square feet at up to four registered premises. A minimum of 5,100 square feet must be equipped for cultivation.
- A tier 5 canopy license allows for a canopy of up to 10,000 square feet at up to five registered premises. A minimum of 7,750 square feet must be equipped for cultivation.
- A tier 6 canopy license allows for a canopy of up to 13,000 square feet at up to five registered premises. A minimum of 10,250 square feet must be equipped for cultivation.
- A tier 7 canopy license allows for a canopy of up to 15,000 square feet at up to five registered premises. A minimum of 13,250 square feet must be equipped for cultivation.
- A tier 8 canopy license allows for a canopy of up to 17,500 square feet at up to five registered premises. A minimum of 15,250 square feet must be equipped for cultivation.
- A tier 9 canopy license allows for a canopy of up to 20,000 square feet at up to six registered premises. A minimum of 17,775 square feet must be equipped for cultivation.
- A tier 10 canopy license allows for a canopy of up to 30,000 square feet at up to seven registered premises. A minimum of 24,000 square feet must be equipped for cultivation.
Requirements to Become Available for Cannabis Business License in Montana
- The person’s name, date of birth, and street address on a form prescribed by the department;
- proof that the person is a Montana resident;
- fingerprints
- the street address of the location at which marijuana, marijuana concentrates, or marijuana-infused products will be cultivated or manufactured;
- A fee that doesn’t exceed the costs of required background checks and associated administrative costs of processing the license.
- If the person to be licensed consists of more than one individual, the names of all owners must be submitted along with the fingerprints and date of birth of each.
The department may not license a person if the person or an owner:
- Has a felony conviction involving fraud, deceit, or embezzlement or for distribution of drugs to a minor within the past 5 years and,
- Has resided in Montana for less than 1 year;
- Is under 18 years of age.
Marijuana must be cultivated and manufactured in Montana until federal law allows for the interstate distribution of marijuana
Social Equity Program in Montana
Social Equity Provisions to be implemented in Montana are not mentioned in the complete text of initiative No. 190. However, the initiative does demand that a portion of Taxes is allocated to Impacted Communities and allows for expungement of previous cannabis-related convictions to be petitioned
A portion of taxes will go to “funding for substance abuse treatment and prevention, funding of veterans’ programs to offset prior uses of unregulated marijuana in ways that harmed veterans, funding to localities where marijuana is sold to offset the costs associated with marijuana regulation, and funding for the general fund to account for any costs to the state from marijuana use and regulation”
Cannabis Business License in Montana for Out-of-State Investors?
Requires that marijuana provider licenses only be issued to in-state residents.
An individual is not considered a resident if the individual:
- Claims residence in another state or country for any purpose; or
- Is an absentee property owner paying property tax on property in Montana.
Taxes in Montana for Cannabis
According to the initiative a 20% tax on non- medical marijuana will be established. 10.5% of the tax revenue will go to the state general fund. The rest is dedicated to conservation programs, substance abuse treatment, veterans’ services, healthcare costs, and localities where marijuana is sold.
The remaining would be distributed among community college districts, fire and police departments and other grants or programs that support public health.
Can Municipalities Ban Cannabis Business Licenses in Montana
You may not be able to get licensed anywhere in Montana. This Montana cannabis initiative allows the option for individual counties to prohibit dispensaries through a public vote.
Make sure you are well assisted when working on your application, so you are sure the locality of your choosing aligns with the counties’ regulations
Montana’s INITIATIVE 190
Montana passed Initiative 190 with a 57 to 43% margin of victory. Montana Initiatives take effect on January 1, 2021.
Home grow in Montana?
YES, up to 4 plants per adult, max 8 plants per household
Social Equity in Montana?
Bare Minimum Criteria Towards Restorative Justice:
Expungement?
YES
Social Equity Provisions?
NO
Portion of Taxes Allocated to Impacted Communities?
YES
A portion of taxes will go to “substance abuse treatment and education, veterans programs”
Possession Rules
Up to 1 oz of flower or 8 grams of concentrate
Cannabis Business License Windows in Montana
Montana will begin accepting applications for providers and dispensaries on January 1, 2022.
Cannabis Business Licenses Available in Montana:
- Dispensaries
- Testing laboratories
- License providers and marijuana-infused products providers
