In the United States, marijuana and its derivatives are increasingly crawling toward full legalization. However, there are still states in which recreational marijuana use isn’t permitted.

Those living in these states are increasingly turning to delta 8 THC: a federally legal cannabinoid (but subject to complicated and sometimes confusing state laws).

The legality of this kind of compound is a very delicate issue, as sometimes the laws aren’t entirely clear and leave room for various interpretations, leading to legal grey areas.

Today, our goal is to help you fully understand the legal context of this cannabinoid, both at a state level in Montana as well as at a federal level.

Is Delta 8 Legal in Montana?

Delta 8 THC is illegal in Montana as dictated by state law [1].

Montana state code clearly states that tetrahydrocannabinol is prohibited and clarifies that delta 9 isomers are Schedule I substances.

The word “tetrahydrocannabinol” (plural) is important here — this means the law covers all forms of THC, not just the delta 9 THC isomer.

Do note though that hemp-derived delta 8 THC is federally legal.

When the 2018 Farm Bill was signed into law, it not only legalized hemp plants but hemp derivatives as well, including the psychoactive ones extracted from dried cannabis flowers or synthesized from hemp-sourced cannabinoids.

According to federal guidelines, hemp is any cannabis plant (Cannabis Sativa L.) that contains no more than 0.3% THC on a dry weight basis. Cannabis plants that contain more than the legal THC limit are considered marijuana and remain illegal at the federal level.

While many states like Alabama and South Carolina aligned their hemp laws with the federal government’s and allowed hemp derived THC isomers like delta 8 and delta 10, states like Montana and Arizona banned them.

Where to Buy Delta 8 THC in Montana

Online is the best place to buy delta 8 THC. It’s usually cheaper, and it allows you to check the third-party lab tests before you buy.

We may be biased, but ordering online seems like the way to buy anything these days — which is why we don’t even offer our delta 8 products in local shops. We’ve found we no longer have enough control over how our products are stored to ensure safety and the highest quality possible.

Keeping everything online can keep prices down and quality within the upper echelon of what delta 8 has to offer.

The benefits of ordering delta 8 THC online:

• Online shops have better pricing and seasonal discounts
• You can read customer reviews & third-party tests before you buy
• Ordering online is easier and more convenient
• Online shops have a greater selection of products, including topical products
• Products left on store shelves degrade more quickly

Shop For the Best Delta 8 THC Products in Montana

Is Weed Legal in Montana?

As of January 1, 2021, those 21 years of age and older may possess up to eight grams of weed for personal use in the state of Montana.

In addition, it’s also legal to grow up to four marijuana plants in your house.

This law completely contradicts its banning of delta 8. Marijuana and all its derivatives are legal, but delta 8 THC and delta 10 THC are illegal. While these laws are a bit awkward, it’s a result of the complex legal system in the United States. We believe the laws banning delta 8 THC will be overturned in the near future. Unfortunately, it takes a fair amount of time for these changes to manifest.

Do I Need A Medical Card in Montana To Order Delta 8 THC?

Unfortunately, even if you have a medical cannabis card, Montana residents won’t be able to access delta 8 THC in the state of Montana, as it is labeled as a Schedule I substance.

If you need marijuana for medical use, be sure to check out Montana’s Cannabis Control Division website.

You’ll find here the steps to join their medical marijuana program, including the list of debilitating conditions that qualify for treatment and give access to state licensed dispensaries.

Delta 8 THC & Delta 9 THC: What’s The Difference

Delta 8 is chemically different from delta 9 by only a few atomic bonds and still offers a potent high of its own. While delta 8 only exists naturally in fractions of a percent, many companies concentrate on individual cannabinoids to provide stronger and more direct effects.

Overall, the difference in their chemical structure is very subtle yet still significant in determining the effects they’ll produce. Both are isomers of THC, but the main contrast lies in their chemical bonds: delta 8 has its double bond on the eighth carbon chain, delta 9 has the same double bond on the ninth carbon chain.

Both offer potential therapeutic benefits. But when it comes to psychoactive effects, delta 8 has been gaining popularity among consumers for its milder psychoactive experience with a clear headed high.

On the other hand, delta 9 THC, which comes from THCA or tetrahydrocannabinolic acid, is more potent and often triggers adverse side effects such as paranoia, hallucinations, anxiety, and temporary memory loss. 

They also differ in legality.

Psychoactive hemp derived cannabinoids like delta 8, delta 10, and other THC isomers are technically federally legal under existing regulations. However, marijuana-derived cannabinoids, especially delta 9 THC, are still considered controlled substances under federal law and remain illegal.

What’s written here doesn’t constitute legal advice though. The legal status of hemp derived THC varies, and individual states make their own regulations when it comes to both hemp derived products and marijuana products.

That said, always check your local laws before buying hemp products and stay informed of the specific regulations surrounding hemp and marijuana in your area to avoid potential legal issues.

Also, be sure to only purchase from trusted brands that ensure compliance with state and federal regulations.

Is Delta 8 THC Natural?

Delta 8 THC is a cannabinoid found in nature and is produced without the need for human intervention in the cannabis plant. However, the concentration in which delta 8 is found in both industrial hemp and marijuana plants is less than 1%.

From a legal point of view, the word “natural” has no meaning. And the definition of the law, which prohibits “synthetic” derivatives, doesn’t refer to substances such as delta 8 or delta 10. Instead, it relates to synthetic cannabinoids or artificial THC compounds found in products like Spice or K2. These compounds have already been proven to be very dangerous.

While it’s up to the DEA to determine whether delta 8 THC is classified as synthetic or natural, most legal experts agree there’s little to no basis for classifying a naturally occurring compound like delta 8 THC as a synthetic compound. It’s found in nature without any human intervention and is concentrated in a lab from other naturally occurring materials.

How to Use Delta 8 THC

In recent times, the producers of delta 8 THC have opened their range of presentations within their stores, offering more and more administration methods for this cannabinoid. In the following, we are going to inform you about three of the most used ones.

Delta 8 THC Tinctures

Tinctures are one of the most commonly used methods to consume delta 8 and other cannabinoids such as CBD or THC.

Tinctures are highly concentrated herbal extracts. They are liquid and are usually consumed in drops.

We recommend consuming Area 52’s tincture sublingually to maximize bioavailability and absorption.

Delta 8 THC Gummies

Delta 8 THC gummies are another of the most popular consumption methods among users.

This method of administration will provide several advantages. First, by consuming edibles, you are not exposing yourself to the dangers of inhaled smoke, nor are you subjecting yourself to enduring the strong taste of tinctures.

You will be enjoying the delicious taste of gummies.

Although the bioavailability of this method is less than that of sublingual consumption, you can compensate by slightly increasing your dosage.

Delta 8 THC Vapes

Vaporizers are an increasingly used method of consuming D8. As a result, many people who smoke their cannabinoids are switching to vape cartridges much more lung-friendly method.

Bioavailability will be high with this method, reaching levels of up to 60%, compared to 20% for gummies. However, keep a special eye on dosing with this method. It can be easy to overdo it.

Do note though that, similar to delta 9, delta 8 can also trigger a positive drug test. If you have an upcoming drug test, try to avoid consuming products containing THC for a while, including full spectrum products.

Is Marijuana (Delta 9 THC) Legal In Montana?

Yes, marijuana has been legal for adult recreational use in the state of Montana since November 2020, after voters approved Measure 190. In 2021, state lawmakers passed House Bill 701, making some amendments to the voter-approved measure that legalized adult use.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in Montana?

Delta 10 is another isomer of the THC molecule. It produces effects similar to delta 8 and 9, but the focus is more on the stimulating side of the spectrum.

Final Thoughts: What’s The Future of Delta 8 THC in Montana?

The future of delta 8 THC in Montana looks promising. In early 2021, this state legalized the recreational use and cultivation of cannabis.

Logic indicates that the future will lead towards the legalization of delta 8 as well since, as mentioned above, their effects are very similar, and even delta 8 is even less potent than delta 9, which, again, was legalized at the beginning of the year.

In addition, the general trend in the country is towards legalization, so we do not believe that Montana is an exception in this regard, and we hope that it will soon be possible to access delta 8 THC legally.

FAQs on Delta 8 and Other Cannabinoids in Montana

Get to know the status of delta 8 and other cannabinoids in Montana through this short list of FAQs.

1. Is Delta-8 Legal in All 50 States?

Delta 8 is federally legal under the 2018 Farm Bill, but state laws vary, and some states have prohibited or restricted its sales and use.

2. Is Delta-8 Banned in Montana?

Delta 8 is prohibited in Montana. You won’t be able to buy it in local stores or online. 

3. Is Delta 9 Legal in Montana?

Yes, hemp and marijuana derived delta 9 are both legal in Montana. But for hemp THC, its level should not exceed 0.3%.

4. Is HHC Legal in Montana?

HHC is illegal in Montana. The state sees HHC as a type of synthetic cannabinoid.

5. Is CBD Legal in Montana?

Yes, hemp and marijuana derived CBD are both legal in Montana.