Montana Statewide Rule
Montana Marijuana Dispensary Local Authority and Buffers
Key Facts
- School buffer
- 500 feet, same street
- Setback statute
- MCA 16-12-207(3)
- Local opt-out
- Red counties only
- Green county rule
- Must allow dispensaries
Summary
Montana sets statewide licensing for marijuana dispensaries under Title 16, Chapter 12, MCA, including a 500-foot buffer from schools and places of worship. Counties that voted against I-190 may opt out, but green-light counties must allow licensed dispensaries.
The department shall deny a cultivator license, manufacturer license, adult-use dispensary license, medical marijuana license, or testing laboratory license if the applicant's proposed licensed premises: (i) is situated within a zone of a locality where an activity related to the use of marijuana conflicts with an ordinance, a certified copy of which has been filed with the department; (ii) is not approved by local building, health, or fire officials as provided for in this chapter; or (iii) is within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship, as a school or postsecondary school other than a commercially operated school, or as a child-care facility licensed or registered by the department of public health and human services, unless the locality requires a greater distance.
Full Breakdown
Montana's Marijuana Regulation and Taxation Act preempts local prohibition in counties where voters approved I-190 (green counties), requiring those jurisdictions to permit licensed adult-use dispensaries subject to reasonable zoning. Under MCA 16-12-207(3)(a)(iii), the department must deny a license if the proposed premises is within 500 feet of, and on the same street as, a building used exclusively as a church or other place of worship, a school or postsecondary school, or a child-care facility; the setback applies to new applications on or after January 1, 2024. Red counties (which voted against I-190) may prohibit adult-use businesses unless local voters approve. Cities may regulate signage, hours, and density consistent with the statute.
Violations & Penalties
Operating without a state license is a felony; local zoning violations carry civil fines, license suspension, or revocation by the Cannabis Control Division.
Frequently Asked Questions
Can a green-light Montana county still ban dispensaries?
What's the minimum distance from schools for a Montana dispensary?
Sources
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