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Cannabis Control Division Legislative Changes Summary for 2023

  • May 22 2023

Are you curious if any new or amended laws were passed during Montana’s 2023 legislative session that will affect cannabis regulation?

Four bills were passed that included both regulatory additions and clarifying details and language related to licensing, deadlines, fees, moratoriums, and synthetic cannabinoids.

The following summary is a high-level overview only and is not an all-inclusive list of the laws. All legislative changes will be available at MCA: Marijuana Regulation and Taxation once the bills are made law.

Read on for a summary of the changes and additions for each bill.

HB 128: Generally revise marijuana laws

HB 128 provided for the following changes and their effective dates:

Effective upon Passage and Approval
  • Controlling beneficial owners list must be provided upon request to the Economic Affairs Interim Committee (EAIC).
  • EAIC monitors total licensed canopy square footage and the portion in production.
  • EAIC oversees laboratory testing procedures performed by the department.
  • Department reports physician certifications for registered cardholders to the EAIC.
  • Application moratorium extended to 6/30/25; applications reopen 7/1/25.
  • Clarified combined-use facility requirements—licenses do not need to share a location.
  • Combined-use licenses not limited by proximity to tribal land or service area.
  • THC in concentrates for smoking/vaping must be ≤800 mg for adult use.
Effective 7/1/2023
  • CCD must endorse new labs before licensure; lab oversight transferred from State Lab to department.
Effective 10/1/2023
  • Controlling beneficial owner names will be published on the department’s website.
  • Suspension period raised to up to 12 months.
  • Anonymous complaints may be delivered to licensees.
  • No background checks required before employment at marijuana businesses.
  • Applicants must designate a fingerprinted operations manager.
  • Hemp flower and plant sales banned at dispensaries.
  • Permit workers notify employers—not the department—of citations or convictions within 10 days.
  • Minors limited to non-smokable marijuana; 18–20-year-olds may buy smokable marijuana with a medical card.

HB 948: Revise marijuana laws regarding synthetic marijuana products

HB 948 provided for the following changes and their effective dates:

Effective upon Passage and Approval
  • Department may inspect businesses for synthetic marijuana violations.
  • Cease-and-desist orders may be issued upon reasonable cause.
  • Violators fined up to $1,000/day; funds split between addiction recovery and state marijuana revenue accounts.
  • Advisory council created to report on synthetic marijuana issues to EAIC.
  • Department will publish info on complaints, reported products, and actions taken.
  • Reports to legislature must include referrals to law enforcement and case outcomes.
  • Synthetic cannabinoids are prohibited in licensed dispensaries.

HB 229: Generally revise marijuana laws related to testing laboratories

HB 229 provided for the following changes and their effective dates:

Effective 10/1/2023
  • Department can issue a 180-day probationary lab license if ISO assessment is complete and no corrective actions are pending.
  • Probationary licenses can be renewed once under good faith effort or pending review.
  • Voluntary withdrawals bar reapplication for two years.
  • Only lab employees may collect samples; third-party transporters are not allowed for this purpose.
  • THC tolerance in edibles set at ±10% of labeled amount, not exceeding 100 mg total or 10 mg per serving.

HB 903: Generally revise marijuana laws

HB 903 provided for the following changes and their effective dates:

Effective upon Passage and Approval
  • “Former Medical Marijuana licensee” now includes applicants licensed or pending with DPHHS by 4/27/21.
  • Cultivators limited to one tier increase unless using combined-use license pathway.
  • Dispensary license fees: $5,000 for first location, +$5,000 for each additional location.
  • Combined-use license fee is $7,500 annually.
  • Physicians certifying ≥39 patients per year reported to the Board of Medical Examiners.
Effective 1/1/2024
  • Licenses will be denied if the premises are within 500 feet of a DPHHS-licensed child-care facility. Applies to new applications only.

HB 519: Authorize digital driver's licenses through a mobile application

HB 519 provided for the following change and its effective date:

Effective 10/1/2023
  • By 9/1/25, DOJ must offer digital driver’s licenses alongside physical copies for qualifying applicants. This may affect how license attachments are submitted.

Tags: Cannabis Control