The State of Cannabis Legislation & Licensing in Idaho, Wyoming, Nevada and Montana

Recently, members of the UK parliament (MPs) visited Canada for an exploratory review of their expanding legal marijuana industry. The resulting tone was one of enthusiasm, with one MP noting the UK could shake off cannabis prohibition within a year. Medical marijuana has been legal in Great Britain since November 2018 but the country still harbors intense stigma against the drug. Back stateside, this article compiles current marijuana legislation and cannabis business licensing in Nevada, Wyoming, Idaho, Montana, as of early August 2019.

Cannabis Business Licensing in Idaho

Cannabis is illegal in Idaho. The Idaho Cannabis Coalition has filed a final petition, as of July 30, 2019, with the Secretary of State to legalize medical marijuana through a 2020 ballot initiative. The Secretary of State now has ten working days to certify the petition and issue the short and long title. Upon completion, organizers of the petition will need to collect 55,057 valid signatures of registered Idaho voters to put the initiative up for vote statewide.

Cannabis Business Licensing in Wyoming

Cannabis is illegal in Wyoming. CBD is legal for all ages only to those suffering from intractable epilepsy that is non-responsive to other drugs. CBD must be prescribed by a neurologist, the patient must have a “Hemp extract registration card”, and the oil must have less than 3% THC derived from cannabis or hemp.

Applications are closed for cannabis business licensing in Wyoming and there are no methods provided for obtaining CBD oil. However, as announced on July 29, 2019, Charlotte’s Web, the market leader in hemp CBD extract products, has partnered with The Kroger Co., America’s largest grocery retailer, to begin carrying products in multiple states including Wyoming.

Cannabis Business Licensing in Nevada

Cannabis is legal for medical and recreational use in Nevada. Adults age 21 and older may buy marijuana for recreational use, possess up to an ounce, and grow up to six plants at home as long as their residence is more than 25 miles away from a licensed dispensary. Populous Clark County, home to the city of Las Vegas, is allowed up to 80 shops, while every other county under 55,000 people can have no more than two recreational stores. Wholesale marijuana is subject to a 15% excise tax. Consumption is restricted to private premises, which includes retail marijuana stores.

CBD is also legal. Nevada became the first state to prohibit employers from drug testing applicants for cannabis use on a pre-employment drug test, except for public safety jobs, emergency medical technicians, firefighters, operators of motor vehicles or other jobs that “in the determination of the employer, could adversely affect the safety of others.”

Applications are closed for cannabis business licensing in Nevada. Cultivation, manufacturing, retailer, and distributor licenses require an application fee of $5,000.

Cannabis Business Licensing in Montana

Cannabis is legal for medical use only in Montana. Qualifying conditions include but are not limited to, positive status for human immunodeficiency virus, cachexia or wasting syndrome, Crohn’s disease, admittance into hospice care, and post-traumatic stress disorder. In May 2019, the governor signed into law a major reform to the state’s medical marijuana system. Some changes include:

• Increasing the tax on marijuana providers’ gross sales from 2% to 4%.
• Prohibiting providers from contracting with other businesses to process their marijuana into products like edibles or concentrates.
• No longer requiring patients to name a single provider if they opt not to grow their own medicine – instead they will be allowed to access an entire system of providers, with an allotment of five ounces of marijuana a month.
• Providers will be tiered by cultivation canopy space instead of how many cardholders are registered.

Applications are soon to be open for cannabis business licensing in Montana. As of October 1, 2019, applications for tier-based licenses will be available for providers who were issued licenses or had applications pending in 2018. As of January 1, 2020, applications for tier-based licenses will be available to the public. Licenses are required for Medical Marijuana Providers and Medical Marijuana-Infused Providers, as well as Dispensaries and Testing Laboratories.

A provider license is required to cultivate and sell medical marijuana and marijuana-infused products to registered cardholders, and will be tiered by the following canopy space increments for all Montana licenses:

• A micro tier canopy license: canopy up to 250 sf at one registered premises. Application fee is $500.
• A tier 1 canopy license: canopy up to 1,000 sf at one registered premises. A minimum of 500 sf must be equipped for cultivation. Application fee is $1,000.
• A tier 2 canopy license: canopy up to 2,500 sf at up to two registered premises. A minimum of 1,100 sf must be equipped for cultivation. Application fee is $2,500.
• A tier 3 canopy license: canopy up to 5,000 sf at up to three registered premises. A minimum of 2,600 sf must be equipped for cultivation. Application fee is $5,000.
• A tier 4 canopy license: canopy up to 7,500 sf at up to four registered premises. A minimum of 5,100 sf must be equipped for cultivation. Application fee is $7,500.
• A tier 5 canopy license: canopy up to 10,000 sf at up to five registered premises. A minimum of 7,750 sf must be equipped for cultivation. Application fee is $10,000.
• A tier 6 canopy license: canopy up to 13,000 sf at up to five registered premises. A minimum of 10,250 sf must be equipped for cultivation. Application fee is $13,000.
• A tier 7 canopy license: canopy up to 15,000 sf at up to five registered premises. A minimum of 13,250 sf must be equipped for cultivation. Application fee is $15,000.
• A tier 8 canopy license: canopy up to 17,500 sf at up to five registered premises. A minimum of 15,250 sf must be equipped for cultivation. Application fee is $17,500.
• A tier 9 canopy license: canopy up to 20,000 sf at up to six registered premises. A minimum of 17,775 sf must be equipped for cultivation. Application fee is $20,000.

Dispensaries and testing laboratories cannot be within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or another place of worship or as a school or postsecondary school other than a commercially-operated school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee’s premises. Newly drafted rules are pending regarding dispensary and testing laboratories fees.

Learn and Network at THE Cannabis Expo

Confused? Concerned? Trying to keep up with all of the changes? CannaCon is the must-attend cannabis and hemp trade show. Make invaluable connections, review mmj products, and build your marijuana business by registering for these an upcoming event in your area including CannaCon Northeast Aug. 23-24, 2019, CannaCon South Sept. 27-28, 2019, and CannaCon Northwest Jan. 10-11, 2020. Don’t be left behind! Expand your MMJ interests the right way.

Cannabis Legislation & Licensing in Nevada, Wyoming, Idaho and Montana