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Delta 8 THC in Montana: Is it Legal?

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Hemp products containing CBD, Delta-9 THC, and other cannabinoids can be bought in Montana, but not Delta-9. Delta 8 THC is a cannabinoid found in the hemp plant that has quickly expanded in popularity nationwide with promising results in the medical and recreational fields. While Delta 8 THC might feature familiar properties to the main chemical found in marijuana, Delta 9 THC, it has completely different effects along with generally less potency.

But is Delta 8 THC legal in Montana?

Related article: What is Delta 8 THC?

You Can Buy Select Spectrum in Montana 

It's disappointing that you cannot buy Delta-8 in Montana, however you can purchase Select Spectrum products. What are Select Spectrum products? It’s a hemp-derived blend first created by Hometown Hero. Select Spectrum features CBD, Delta-9 THC, and other cannabinoids. Why this blend? Just by themselves cannabinoids have distinct properties. Together, they have a complimentary effect. To avid cannabis enthusiasts, this is known as the entourage effect.

Within each Select Spectrum gummy is 10mg of CBD, 10mg of Delta-9, and other cannabinoids. These gummies meet the federal standards for hemp, which means that you can order them online. So if you’re looking for effects that are closer to Delta-8 than CBD, but you live in Montana, we suggest giving Select Spectrum a try. 

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No, Delta 8 THC is not legal in Montana

As of writing this 9/20/2021, Delta 8 THC is illegal under Montana state law.

The following bills highlight why Delta 8 THC is illegal in Montana


TITLE 80. AGRICULTURE. Chapter: 4 INDUSTRIAL HEMP PROGRAM. Subchapter: Hemp Definitions and License Applications


(2) “Hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with delta-nine tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.

(3) “Hemp plant extract” means a processed product from hemp plant or floral material including but not limited to oil, powder, cake, pellet, etc.

(Full Bill)


50-32-101. Definitions.

(18) ”Marijuana (marihuana)” means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.

(Full Bill)


50-32-222. Specific dangerous drugs included in Schedule I.

(4) Hallucinogenic substances. (ff) tetrahydrocannabinols, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:

(i) delta 1 (delta 9) cis or trans tetrahydrocannabinol and its optical isomers;

(ii) delta 6 cis or trans tetrahydrocannabinol and its optical isomers; and

(iii) delta 3,4 cis or trans tetrahydrocannabinol and its optical isomers;

(Full Bill)

The Future of Cannabis in Montana

If you want to see a change in the previous laws, we encourage you to voice your opinions to your local and state lawmakers. Unfortunately, Montana doesn't follow along with other northern states with regulations like Delta 8 THC in Washington so we'll have have to see how things unfold in the coming years.

Although Delta 8 THC might be illegal in Montana, we still got you covered with a wide variety of High Times Hemp Cup Award-Winning CBD and Select Spectrum gummies! Whether you want a CBD Blunt or some tasty Select Spectrum gummies, we can ship any of our products right to your front door, safely and discreetly!

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