Montana Cannabis Expungement Guide
Discover comprehensive insights into the Montana cannabis expungement process through these detailed and informative Frequently Asked Questions (FAQ).
How did Montana handle expungements for cannabis?
Unlike some other states, Montana did not enact an automatic expungement system alongside legalization. Montana addressed cannabis expungements through the Montana Marijuana Regulation and Taxation Act (MMRTA) enacted in 2021. This act decriminalized certain marijuana-related activities and reclassified others from criminal to civil infractions. Individuals convicted of now-legalized or reclassified acts can petition for expungement (if the sentence is completed), resentencing (if still serving the sentence), or redesignation to a civil infraction (if the act is now a civil matter).
All felonies? Only non-violent?
Individuals who have completed their sentences can petition the court to expunge their convictions, redesignate a felony conviction as a misdemeanor, or redesignate a criminal conviction as a civil infraction​.
Those still serving sentences can also petition for a resentencing or redesignation of their convictions​.
Were there any crimes related to cannabis that disqualified someone from applying as a social equity applicant?
Montana does not have a state social equity program or specific licensure set-asides for social equity operators. There’s no state-level licensing priority given to social equity applicants. Between January 1, 2022, and June 30, 2023, the state will only accept applications from and issue licenses to former medical marijuana licensees​.
Status of Current Social Equity Program:
Montana does not have a state social equity program or specific licensure set-asides for social equity operators. There’s no state-level licensing priority given to social equity applicants. At this time, the state only accepted applications from and issued licenses to former medical marijuana licensees.
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