Basics of
Montana’s Law, Summarized
It
is important for patients, caregivers and their families to
review and understand Montana’s full
law. It contains numerous nuances and
complexities, including problems and “gray
areas” that we outline elsewhere on this
website. Improving the law is one of the key goals of
Patients & Families United, and you
can learn more about those goals by reading Our
Mission.
The basics of Montana’s law:
·
Patients can register with the state health department,
which allows them the legal right under state and local law
to possess and use marijuana as medicine.
Registration requires a signed recommendation from a
Montana physician, and the law allows possession of up to 6
plants and 1 ounce of dried marijuana per patient.
Registration is confidential and protected
information. Local law enforcement may verify that a
specified person is registered, but being a registered
patient explicitly doesn’t by itself give
law enforcement agencies justification to conduct any
investigations or searches.
·
Each registered patient may have 1 registered
“caregiver,” who also is allowed to
possess up to 6 plants and 1 ounce of dried marijuana on
that patient’s behalf.
·
Patients and caregivers must update their registration with
the state health department on an annual basis.
·
The law allows patients to possess and use medical
marijuana in the privacy of their own homes and in other
private-property locations. It doesn’t
allow patients to use medical marijuana in public parks or
other public settings, nor to use marijuana while
driving. The only other location expressly forbidden
under the law is “in corrections
facilities.” The law protects patients from
being fired for using medical marijuana – but the law
doesn’t require employers to provide space
nor to allow medicinal use at the workplace
itself.
·
Montana’s law allows anyone – whether formally
registered with the state as a patient or not – to
use an “affirmative” medical defense if needed
in court.