Law

Medical marijuana is legal in Montana except in Indian Country

Medical marijuana use is growing in Montana but members of federally recognized tribes face legal consequences if they use the drug on reservations.

The Montana Medical Marijuana Program allows certain patients with specific medical conditions to alleviate their symptoms through the limited use of marijuana under medical supervision. Marijuana, however, remains illegal under federal law in Indian Country.

That means tribal members with state-issued medical marijuana cards must leave their reservations to use the drug. But non-Indians can use the drug on reservations without consequence because federal prosecutors are not pursuing medical marijuana cases under the Obama administration.

Members of the Fort Belknap Indian Community and the Chippewa Cree Tribe have sought to legalize marijuana under tribal laws. Tribal leaders are reluctant to change their laws because federal funding for housing and other programs is often tied to anti-drug requirements.

"As long as we need federal funding, we can't allow medical marijuana on the reservation," Chippewa Cree Bruce Sunchild told The Great Falls Tribune.

Get the Story:
Despite illegality, medical marijuana a growing issue for reservations (The Great Falls Tribune 2/20)

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Northern Cheyenne man awaiting trial can't access medical pot (12/2)
Montana tribe announces policy on state medical marijuana (5/13)

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