In Montana, you don’t need a special retail CBD license to sell hemp-derived CBD products (so long as they contain ≤0.3% Δ9-THC by dry weight). Licenses are only required if you grow or process hemp. CBD extracts cannot be added to foods or dietary supplements, and marijuana-derived products can only be sold through licensed cannabis dispensaries.
That’s the law in plain English. But as with most cannabis-related topics, the devil’s in the details. Out-of-state sellers often stumble not because they’re ignoring rules, but because they don’t know which agency controls what:
How Out-of-State CBD Sales Work in Montana
If you’re a brand outside Montana shipping compliant hemp CBD (tinctures, topicals, seed-based foods), you’re usually fine, as long as your products aren’t marketed as foods or supplements. What trips people up is when they assume “hemp is hemp” and throw CBD gummies or beverages into the mix. That’s a fast track to red tape and possible enforcement.
Hemp vs. Marijuana CBD: Where the Legal Line Sits
Montana law draws a hard line between hemp-derived CBD (legal under the 2018 Farm Bill
if ≤0.3% Δ9-THC) and marijuana-derived CBD (regulated under the state’s adult-use cannabis program). If your tincture is hemp-based, it can cross state lines. If it’s marijuana-derived, forget it; you’ll need to go through Montana’s licensed dispensary system.
Does THC content matter? Yes. Montana uses the federal threshold: 0.3% Δ9-THC on a dry weight basis. Anything higher, and you’re dealing with marijuana, not hemp, no matter what the label says.
Who Needs a License (Growers & Processors) vs. Who Doesn’t (Retailers)
Here’s where a lot of blogs and would-be sellers get it wrong: there is no “retail CBD license” in Montana. If you’re selling finished hemp-derived CBD products, you don’t need one.
Licenses
are required if you:
- Grow hemp in Montana (MDA hemp grower license).
- Process hemp in Montana (separate processor categories for seed/fiber vs. floral/roots).
If you’re shipping finished tinctures or topicals from another state into Montana, you do not need to apply for either of those licenses, though your supplier needs to be legit.
CBD in Foods & Supplements: Montana’s Hard No
One of the biggest traps: Montana does not allow CBD extracts in foods or dietary supplements. Period. That means no CBD cookies, gummies, sodas, or syrups.
What’s allowed?
- Hemp seed, seed oil, and hemp protein (nutritional products that contain no cannabinoids).
- Non-food products like tinctures, topicals, bath bombs, and salves.
What’s not allowed?
- CBD brownies at your coffee shop.
- CBD gummies at the gas station.
- CBD “wellness water” on the shelves.
Dispensary Crossovers: Who Can Sell What
Here’s a quirk that throws people off:
Montana’s licensed dispensaries
can sell hemp-derived CBD products. But non-dispensary retailers cannot sell marijuana products, only hemp-derived CBD.
So if you’re an out-of-state brand, you’ve got two clear pathways:
- Stock with Montana dispensaries that want to round out their CBD shelf space.
- Sell through regular retailers (salons, boutiques, wellness shops) as long as your SKUs are non-food and compliant.
Shipping & Labeling Compliance Do’s & Don’ts
Shipping hemp-derived CBD into Montana is federally allowed, but state inspectors may still flag products if the labeling or paperwork is sloppy. To keep your packages from raising eyebrows:
- Always include a Certificate of Analysis (COA) that shows Δ9-THC ≤0.3% (dry weight).
- Label clearly: product name, net contents, cannabinoid content, manufacturer/distributor name, batch/lot number.
- Don’t make medical claims. “Relieves anxiety” = wrong. “Contains 500mg CBD” = right.
- Prep for enforcement checks: Montana has seized mislabeled or misbranded products, especially “gas station gummies” with sketchy paperwork.
White-Labeling & Processor Licenses Explained
If you’re an out-of-state brand using Montana partners to
extract, bottle, or relabel CBD, you may trigger Montana’s hemp processor license rules. Here’s the rule of thumb:
- If you’re just shipping finished goods into Montana, no processor license required.
- If you’re extracting or altering hemp in Montana, processor license required.
- If you’re white-labeling with a Montana manufacturer: double-check that
their license covers the work.
Think of it this way: Montana cares more about where the processing happens than where the final product ends up.
The Delta-8 / Synthetic Cannabinoid Debate
Let’s cut through the fog: Delta-8 THC and other “converted” cannabinoids live in Montana’s gray zone, leaning toward illegal. The Department of Revenue has warned that chemically modified cannabinoids (like Delta-8 made from CBD isolate) qualify as synthetic and are not approved for retail sale.
Translation: Don’t risk your brand reputation trying to sneak Delta-8 vapes into Montana. Even if you see them floating around, enforcement actions have already happened, and you don’t want your product to be Exhibit A.
Next Steps: Selling CBD the Smart Way
