A new Montana law allows the eight federally recognized tribes the opportunity to sell marijuana across most of the state.

January 1, 2022 was the inaugural day for the recreational marijuana market in Montana pursuant to a voter initiative and a new law. For the next 18 months, former medical marijuana providers are the only businesses allowed to apply for marijuana business licenses. However, in order to allow the tribes in Montana the opportunity to participate in the recreational marijuana market immediately, the bill includes a special license that bypasses the 18-month moratorium.

The combined-use license, as outlined in 16-12-225, MCA, is specifically designated for Montana’s eight federally recognized tribes or entities that are majority owned by a tribe. Each tribe is allowed one combined-use license, and the license is a combination of a tier 1 canopy license and dispensary license, allowing the licensee to cultivate and sell product at the same location. Licensees are subject to the same license requirements, fees, and taxes as all other licensees under the Montana Marijuana Regulation and Taxation Act.

Another unique aspect of the combined-use license is where the licensee is allowed to operate. Like all other recreational marijuana licenses, operation of a combined-use license is only allowed in “green” counties, cities, or municipalities, which are locales where the majority of voters approved I-190 and have not since reversed the decision in a subsequent election. Unlike all other recreational marijuana licenses, the combined-use license is limited to land located within 150 air-miles of the exterior boundary of the associated tribal reservation of the licensee.

Mapping the authorized area of combined-use licenses for each reservation reveals that nearly the entire state is covered by at least one tribe, and given the size and location of the reservations, the allowable area includes all major cities and towns within each “green” county, with a multitude of options for locations for each tribe. For more information, visit the Economic Affairs Interim Committee’s SJ31 study page, or tune in to the State-Tribal Relations Committee’s meeting at 10:45 a.m. on January 14th for a presentation of this map:

GIS, Map, Mapping Software, Geographic Information System, GIS, Geographic Information Software