Marijuana in montana

What better day to discuss the marijuana laws in the State of Montana than 4-20? There is a lot of talk about marijuana today, but with the changes happening in all states surrounding recreational marijuana, it is important to know the laws surrounding the use of Marijuana to ensure you aren't setting yourself up for some legal trouble. 

1. Is Recreational Marijuana Legal? While Montana voters said "yes" to Recreational Marijuana in 2021, the use of marijuana is always a "gray area" within the law as the use of Recreational Marijuana remains illegal under Federal Law. While this doesn't change the State Law, it is important to remember this as you may be using in areas that Recreational Marijuana is still prohibited.  
2. Who can legally use recreational marijuana? It may appear as though "marijuan is legal" now, so there is nothing to worry about. Not so fast. Much like other laws, things are never quite that simple. In 2021, Montana begin the passing of recreational marijuana. Here's the scoop. You must be over 21 to legally use recreational marijuana. Marijuana consumption and possession is still prohibited in public and certain other locations. And, some counties are not allowed to sell recreational marijuana, depending on what the residents of those counties voted on.
3. Driving Under the Influence of Marijuana: Ok, so marijuana is legal. But driving under the influence of marijuana is not. This is tricky for a few reasons: many marijuana users don't believe they are "under the influence", but they may be under the laws of the State of Montana; and many marijuana users don't have any idea how to determine if they are legaly under the influence. Different than alcohol, there is not necessarily a sure way to determine if you are under the influence, with the exception of a blood test. Because it is unlikely that marijuana users will have the ability to blood test themselves prior to driving, this presents a problem. In Montana, it is against the law (See M.C.A. 61-8-1002), to drive a motor vehicle on a public roadway while "under the influence of ... any drug .... To determine if someone is "under the influence" of marijuana, the State of Montana has determined the per se limit for Marijuana is 5 ng/ml or more in the person's blood. If you are regularly smoking marijuana, there is a good chance your blood will show higher than 5 ng/mL on any average day. Other states have gotten rid of the per se limit for marijuana, stating that in order to prove a person is driving under the influence of marijuana, it must be proven that the person is actually Impaired, which is not always the case just based on the level of THC in a person's blood. Unfortunately, the science regarding per se limits and Marijuana DUI's is lacking, and therefore many individuals are being convicted of a Marijuana DUI even though their driving is not affected by the use of marijuana. In some cases, driver's who have not used marijuana or several hours or even a day have been convicted of Marijuana DUI simply based on the level of THC in their blood. The National Highway Traffic Safety Administration stated "Currently, there is no impairment standard for drivers under the influence of marijuana. Many of the reasons for this are discussed elsewhere in this report. They include the fact that there is no chemical test for marijuana impairment, like a BAC or BrAC test for alcohol that quantifies the amount of alcohol in their body, indicates the degree of impairment, and the risk of crash involvement that results from the use of alcohol." That said, Marijuana users in the State of Montana should be aware that Montana still uses a per se limit standard when determining whether someone is DUI for Marijuana.
4. Marijuana in Your Car: If you have Marijuana in your car, don't cross State lines without knowing the laws in those states. Some states surrounding Montana have strict Marijuana laws, and the last thing you want to do is end up with a criminal charge in another state. 

So, what should you do to protect yourself moving forward? Be aware of the laws, especially DUI laws, and make sure you aren't driving under the influence or driving when your blood may show THC above 5 ng/mL, or you could end up facing legal issues. Importantly, Marijuana DUI's in Montana hold the same consequences as Alcohol DUI's, and come with stiff penalties. 

If in doubt, ask a lawyer. Hope this is helpful and not too much of a "buzz kill" for your day.

- Jill 

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