Revise drug laws to regulate THC levels
SB 443 revises Montana’s marijuana laws by imposing new THC potency limits on products sold through dispensaries. The bill would change the regulatory framework so marijuana and marijuana products are sold based on THC concentration rather than weight, and it would cap total THC at 15% for most products. It also sets package-level limits for flower, capsules, tinctures, edibles, topicals, suppositories, transdermal patches, and other products, while allowing higher-potency products to be sold to registered medical cardholders.
The bill also authorizes the Department of Revenue to adopt rules for inspecting dispensaries, investigating financial interests, and setting or limiting THC content. It preserves the ability of adult-use and medical dispensaries to operate at the same location if commonly owned, and it maintains the distinction between sales to adult-use consumers and sales to registered cardholders. In effect, the bill would amend section 16-12-224, MCA, and would directly affect dispensary licensing, product formulation, packaging, and retail sales practices across the state’s cannabis market.
SB 443 would materially tighten state regulation of marijuana products by lowering allowable THC concentrations and package limits, especially for adult-use sales. It would affect dispensary licensees, manufacturers, retailers, and consumers by requiring product reformulation or removal of higher-potency items from the adult-use market, while preserving broader potency options for medical marijuana cardholders. The bill would also expand administrative authority for the Department of Revenue to regulate THC content through rulemaking and enforcement.
The bill appears to have had support in the Senate Business, Labor and Economic Affairs Committee, where it received 11 yeas and 1 nay on a motion to table, but it ultimately died in process. The bill text and findings reflect a strongly negative view of high-potency THC, emphasizing addiction, youth exposure, and public health harms. Overall, the available record suggests the proposal was backed by lawmakers concerned about cannabis potency and child safety, but it did not advance to enactment.
The main point of contention is the bill’s sharp reduction of THC limits for adult-use marijuana products, which would likely be opposed by cannabis businesses, adult-use consumers, and others who favor the current market structure. Supporters frame the measure as a public health and child-protection response to high-potency THC, while opponents would likely argue that the limits are overly restrictive, difficult to administer, and could interfere with the legal cannabis industry and consumer choice. The carveout allowing higher-potency products for registered cardholders also highlights the bill’s split between medical and recreational use.