Navigating Montana's THC Beverage Landscape Post-SB 375
Understanding the Impact on Edible Hemp Products, Including Beverages
With the passage of Montana Senate Bill 375, the legal landscape for hemp-derived edible products, including beverages like those offered by Cann and Calexo, has undergone significant changes. This bill specifically targets and prohibits the sale of edible hemp products that contain THC within the state. While cannabis for adult use and medical purposes is legal in Montana, the regulations surrounding hemp-derived products are distinct and subject to evolving legislation.
Key Highlights of Montana's Evolving Cannabis and Hemp Laws
- Legalization Framework: Montana legalized both medical and adult-use marijuana, with recreational sales beginning on January 1, 2022, for individuals 21 and over.
- Focus of SB 375: Senate Bill 375 specifically prohibits the sale of edible hemp products that contain THC, regardless of the THC source (hemp or marijuana).
- Impact on Beverages: THC-infused beverages derived from hemp, which were previously available through hemp retailers, are now subject to this ban if they are considered edible hemp products containing THC.
Montana's Cannabis Legalization Journey
Montana has a progressive history regarding cannabis, starting with the legalization of medical marijuana. In 2020, voters approved Initiative 190 (I-190), which legalized and regulated cannabis for adults 21 and older. This was followed by the enactment of HB 701, which modified certain provisions of I-190. As of January 1, 2022, adult-use marijuana became legal to purchase in the state.
Key Dates and Initiatives:
Early Medical Marijuana Laws:
Montana's journey began with the approval of medical marijuana laws, establishing a framework for patients to access cannabis for specific health conditions.
Passage of I-190:
Initiative 190 marked a turning point, legalizing recreational cannabis for adults and setting the stage for a regulated market.
Assorted Delta-9 THC drink cans, illustrating the types of products affected by legislation.
Enactment of HB 701:
House Bill 701 further refined the regulations, addressing aspects such as licensing and cultivation limits.
Current Legal Status of Cannabis in Montana:
Under current Montana law, individuals 21 and over can legally possess up to 1 ounce of marijuana or its THC equivalent in other products. Licensed dispensaries are permitted to sell a variety of cannabis products, including flower, edibles, concentrates, and topicals. Recreational marijuana sales are taxed at 20%, while medical marijuana sales are taxed at 4%. Local jurisdictions also have the option to add an additional tax of up to 3%.
Understanding Senate Bill 375
Senate Bill 375, introduced by Senator Mark Noland, specifically addresses hemp products containing THC. The bill's primary aim is to prohibit the sale of edible hemp products that contain THC within Montana. This legislation makes a distinction between marijuana products sold through the regulated cannabis market and hemp-derived products that have been available through other retail channels.
Key Provisions of SB 375:
Ban on Edible Hemp Products with THC:
The most significant aspect of SB 375 is the prohibition of selling edible products that contain hemp and also contain THC. This broad language impacts a range of products, including many beverages that contain hemp-derived THC.
Focus on the Source:
The bill's emphasis is on the combination of "edible products," "hemp," and "THC," aiming to regulate products that might fall outside the purview of the established marijuana control system.
Timeline and Status of SB 375:
SB 375 has progressed through the legislative process in Montana. It has passed both the Senate and the House and has been transmitted to the Governor for signature as of April 29, 2025. If signed into law, the provisions of the bill would take effect immediately.
Impact on THC Beverages like Cann and Calexo
Given the provisions of Senate Bill 375, the legal status of beverages like Cann and Calexo in Montana is directly affected. These brands often produce beverages containing hemp-derived THC, aiming to comply with federal regulations regarding hemp (which allow for a maximum of 0.3% Delta-9 THC by dry weight). However, SB 375 in Montana specifically targets edible hemp products containing THC, regardless of the source of the THC (hemp or marijuana).
Analyzing the Impact:
Category of Products:
Beverages like Cann and Calexo fall under the category of "edible products that contain hemp and also contain THC." This places them directly within the scope of the prohibition outlined in SB 375.
Display of THC beverages potentially affected by the new legislation.
Distinction from Marijuana Products:
While licensed dispensaries in Montana can sell marijuana-derived edible products (including beverages) with specific THC limits (up to 10 mg per serving and 100 mg per package), hemp-derived THC beverages sold outside of these licensed channels are now subject to the ban.
Uncertainty and Adaptation:
The passage of SB 375 creates uncertainty for businesses that have been selling hemp-derived THC beverages in Montana. These businesses will need to cease the sale of such products if the bill is signed into law.
Related Regulations and Ongoing Debates
The passage of SB 375 is part of a larger conversation in Montana and other states regarding the regulation of hemp-derived intoxicating products. The rapid growth of the hemp industry following the 2018 Farm Bill has led to the availability of products containing various cannabinoids, including Delta-8 and Delta-9 THC derived from hemp, which can have intoxicating effects.
Other Relevant Regulations:
THC Limits in Marijuana Products:
Montana law already sets limits on the THC content in marijuana products sold through licensed dispensaries. Flower is limited to 35% THC for recreational sales, edible packages to 100mg THC, and other concentrated products to 800mg THC.
Synthetic Cannabinoids:
Montana has also taken action against synthetic marijuana products, making them illegal as of May 22, 2023.
Ongoing Legislative Efforts:
There have been other legislative efforts in Montana aimed at regulating or restricting cannabis and hemp products. For instance, proposals to cap THC levels in all cannabis products at 15% (SB 443) have been debated but have faced significant opposition.
Comparing Regulations: Hemp vs. Marijuana
It is crucial to understand the distinction Montana law makes between hemp and marijuana, particularly in the context of THC content and product regulation.
| Feature | Hemp | Marijuana |
|---|---|---|
| Definition (Federal) | Cannabis with less than 0.3% Delta-9 THC by dry weight | Cannabis with more than 0.3% Delta-9 THC by dry weight |
| Legal Status in Montana (Pre-SB 375) | Legal (under state hemp program), products containing hemp-derived THC available outside dispensaries | Legal for medical and adult-use (regulated market) |
| Regulation | Montana Department of Agriculture (for cultivation), subject to general product safety laws | Montana Department of Revenue, Cannabis Control Division (licensing, testing, sales) |
| THC Content (Product Limits in Regulated Market) | Subject to 0.3% Delta-9 THC by dry weight (federal hemp definition); state laws like SB 375 impose further restrictions on edible forms with THC | Specific limits for flower (35%), edibles (10mg/serving, 100mg/package), concentrates (800mg/package) |
| Sale Location (Pre-SB 375) | Various retailers (depending on product type and local ordinances) | Licensed dispensaries only |
| Impact of SB 375 | Prohibits sale of edible hemp products containing THC | Regulated sales of marijuana products continue |
The Significance of SB 375:
SB 375 highlights the state's effort to regulate intoxicating products derived from hemp, bringing them under stricter control similar to marijuana products. This is a trend seen in several states as lawmakers grapple with the implications of the growing hemp-derived cannabinoid market.
Frequently Asked Questions
Is cannabis legal in Montana?
Yes, both medical and adult-use cannabis are legal in Montana for individuals 21 and older.
What does SB 375 do?
Senate Bill 375 prohibits the sale of edible hemp products that contain THC in Montana.
Are THC beverages like Cann and Calexo banned under SB 375?
If these beverages are considered edible hemp products containing THC, their sale is prohibited under the provisions of SB 375 if the bill is signed into law.
Where can I legally purchase THC products in Montana?
Legal marijuana products, including edibles and beverages that comply with state regulations, can be purchased from licensed dispensaries in Montana.
What are the possession limits for marijuana in Montana?
Adults 21 and over can possess up to 1 ounce of marijuana or its THC equivalent in other products.
Are there limits on THC content in products sold in dispensaries?
Yes, Montana law sets limits on THC content for various products sold in licensed dispensaries, including flower, edibles, and concentrates.
References
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Last updated May 11, 2025