Are THC Drinks Legal in Montana?

The ShipSips Team

Last verified October 16, 2026 against the official sources listed at the end of this page. General information, not legal advice.

Montana THC drink laws at a glance

Status Prohibited[1][3][4]
THC limit per serving 0.5 mg; consumer sale of THC hemp products banned[3][4]
THC limit per container 2 mg; consumer sale banned[3][4]
Minimum age n/a (consumer sale banned)
Where it’s sold No lawful consumer channel[1][3]
Online sales and shipping (state rule) Not allowed
Ships from ShipSips See where we ship
Last verified October 16, 2026

Short answer

No. Since May 2025, Montana law bars selling any hemp product containing total delta-9 THC to a consumer unless the FDA has authorized it. Separate Montana caps also limit hemp products to 0.5 mg THC per serving and 2 mg per package.[1][3][4]

Since SB 375 took effect on passage in May 2025, Montana law (MCA 50-31-239) says a hemp product containing total delta-9 THC may not be sold to a consumer in the state unless FDA has authorized it as a food or drug. Separately, MCA 16-12-117(3) caps hemp and hemp products sold by any person at 0.5 mg total delta-9 THC per serving and 2 mg per package. Marijuana products may be sold only by state-licensed manufacturers, cultivators, or dispensaries.[1][3][4]

Delta-9 THC drinks in Montana: what’s allowed

  • Limit per serving: Effectively zero for consumer sales: any hemp product containing total delta-9 THC may not be sold to a consumer (MCA 50-31-239). Separately, hemp products sold by any person may not exceed 0.5 mg total delta-9 THC per serving (MCA 16-12-117(3)).[3][4]
  • Limit per container or package: 2 mg total delta-9 THC per package (MCA 16-12-117(3)); overridden for consumer sales by the MCA 50-31-239 ban on any THC-containing hemp product.[3][4]
  • How THC is counted: total THC (statute says "total delta-9 THC")[3][4]
  • Delta-8, THCA and other cannabinoids: Synthetic cannabinoids are excluded from the definition of hemp (MCA 80-18-101(1)(b)). 'A person may not manufacture, process, store, or offer for sale a synthetic cannabinoid or a synthetic cannabinoid product' (MCA 16-12-117(1)). 'Synthetic cannabinoids' include cannabinoids produced by chemical synthesis or biosynthesis (MCA 80-18-101(5)). DPHHS food policy (rev. 2021-01-08) does not allow added CBD, THC, or other cannabis extract in food or dietary supplements.[3][4][6]

Age and purchase rules in Montana

  • Minimum age: n/a: consumer sale of THC-containing hemp products is prohibited (MCA 50-31-239). No separate hemp purchase-age statute found.
  • Where it can be sold: No lawful consumer channel for THC-containing hemp products (MCA 50-31-239). Marijuana and marijuana products may be sold only by a licensed manufacturer, cultivator, or dispensary (MCA 16-12-117(2)). Whether a dispensary may sell hemp-derived THC drinks was not verified.[1][3]
  • Seller licenses: None available for hemp THC consumer products. The sale is prohibited regardless of license (MCA 50-31-239). The Department of Revenue says SB 375 falls under the Department of Public Health & Human Services (DPHHS).[1][3]
  • Online sales, shipping and delivery: No hemp-specific shipping or delivery statute found. But MCA 50-31-239 prohibits sale of a THC-containing hemp product 'to a consumer in the state', which on its face covers online sales delivered to Montana consumers. A lawyer should confirm how it applies to out-of-state sellers.

How the federal hemp rule affects Montana

Federal law is a separate layer on top of Montana law. A federal law signed November 12, 2025 rewrites the federal definition of hemp so that finished products may contain no more than 0.4 milligrams of total THC per container. A second law signed September 2, 2026 delays most of that change until December 11, 2026; until then it applies only to products made with cannabinoids the cannabis plant can’t produce naturally. Follow the dates on our federal hemp rule tracker.[F1][F2]

Pending bills and local rules in Montana

  • The legislature's Economic Affairs Interim Committee (2025-2026) received an industry presentation on 2026-03-10 titled 'Regulating THC Beverage Montana'. No bill or committee decision verified.[8]
  • Local rules: None found (no city/county hemp rules searched beyond state code).

Does ShipSips ship to Montana?

This page is information only. See where we ship for our current shipping list; checkout checks every address against it.

Montana THC drink FAQ

Is delta-9 THC legal in Montana?

No. Since May 2025, Montana law bars selling any hemp product containing total delta-9 THC to a consumer unless the FDA has authorized it. Separate Montana caps also limit hemp products to 0.5 mg THC per serving and 2 mg per package.

Does Montana law allow online sales or shipping of THC drinks?

No hemp-specific shipping or delivery statute found. But MCA 50-31-239 prohibits sale of a THC-containing hemp product 'to a consumer in the state', which on its face covers online sales delivered to Montana consumers. A lawyer should confirm how it applies to out-of-state sellers.

What is the THC limit for drinks in Montana?

Per serving: Effectively zero for consumer sales: any hemp product containing total delta-9 THC may not be sold to a consumer (MCA 50-31-239). Separately, hemp products sold by any person may not exceed 0.5 mg total delta-9 THC per serving (MCA 16-12-117(3)). Per container or package: 2 mg total delta-9 THC per package (MCA 16-12-117(3)); overridden for consumer sales by the MCA 50-31-239 ban on any THC-containing hemp product.

What is the minimum age for THC drinks in Montana?

n/a: consumer sale of THC-containing hemp products is prohibited (MCA 50-31-239). No separate hemp purchase-age statute found.

What changes for Montana with the federal hemp rule?

The federal cap of 0.4 milligrams of total THC per container is scheduled to apply to most hemp products from December 11, 2026, on top of Montana law. See the federal hemp rule tracker for the latest dates.

What changed and when

  • April 7, 2025: HB 49 (Ch. 100, L. 2025) signed and effective on passage: synthetic-cannabinoid ban; MCA 16-12-117(3) cap restated as 0.5 mg / 2 mg 'total delta-9 THC' (cap first enacted by Ch. 746, L. 2023)[6]
  • May 5, 2025: SB 375 (Ch. 394, L. 2025) signed per the Montana Department of Revenue, effective on passage: ban on selling THC-containing hemp products to consumers (MCA 50-31-239)[6]

What we couldn’t confirm

  • How Montana enforces the ban against out-of-state online sellers.
  • Whether licensed marijuana dispensaries may sell hemp-derived THC drinks, and under what limits.

THC drink laws in states near Montana

Sources

Official sources first. Each was checked on the date shown.

  1. MCA 50-31-239 (sale of hemp product containing THC to consumers prohibited) (official; checked October 16, 2026)
  2. SB 375 enrolled bill, Ch. 394, L. 2025 (official; checked October 16, 2026)
  3. MCA 16-12-117 (synthetic cannabinoids; hemp product THC caps) (official; checked October 16, 2026)
  4. MCA 80-18-101 (hemp definitions) (official; checked October 16, 2026)
  5. HB 49 enrolled, Ch. 100, L. 2025 (official; checked October 16, 2026)
  6. Montana Dept. of Revenue, 2025 Legislative Updates: New Cannabis Laws (official; checked October 16, 2026)
  7. DPHHS Industrial Hemp and Cannabidiol Policy for Food and Dietary Supplements (rev. 01.08.21) (official; checked October 16, 2026)
  8. EAIC March 10, 2026 presentation 'Regulating THC Beverage Montana' (industry presentation hosted on legislature site) (secondary, for context only; checked October 16, 2026)
  9. BillTrack50 MT SB375 (secondary, for context only; checked October 16, 2026)
  10. elevatedmt.com Montana hemp laws (secondary, for context only; checked October 16, 2026)

General information, not legal advice. Hemp laws change often; check the official sources above and your local rules. ShipSips sells only to adults 21 and over.

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