Tribal Sovereignty & Cannabis in Montana

Eight federally recognized tribes, a unique Combined-Use License, zero licenses issued, and a vetoed compact bill — Montana's tribal cannabis story is one of unrealized potential.

Last verified: March 2026

Montana's Tribal Nations

Montana is home to 8 federally recognized tribes on 7 reservations, representing a diverse range of tribal sovereignty approaches to cannabis. Each tribe operates as a sovereign nation with its own laws and governing structures, and their responses to cannabis legalization have varied significantly — from outright prohibition to cautious embrace.

The 8 Tribes

  • Blackfeet Nation — Blackfeet Reservation (Glacier area)
  • Crow Tribe (Apsaalooke Nation) — Crow Reservation (south-central Montana)
  • Confederated Salish and Kootenai Tribes (CSKT) — Flathead Reservation
  • Fort Belknap Indian Community — Fort Belknap Reservation
  • Fort Peck Assiniboine and Sioux Tribes — Fort Peck Reservation
  • Northern Cheyenne Tribe — Northern Cheyenne Reservation
  • Little Shell Chippewa Tribe — Landless tribe (federally recognized 2019)
  • Chippewa Cree Tribe — Rocky Boy's Reservation

The Combined-Use License

HB 701 (2021) created a unique Combined-Use License specifically for Montana's tribal nations. The license parameters are:

Eligibility Federally recognized tribe within Montana
Licenses per tribe 1
Location requirement Single premises in a green county within 150 air miles of the reservation
Canopy limit 1,000 square feet
Annual fee $7,500
Licenses issued Zero

Despite being available since 2021, no tribe has applied for or been issued a Combined-Use License. The reasons are multifaceted: the restrictive parameters (single location, 1,000 sq ft canopy), the requirement to operate in a green county rather than on reservation land, and the broader complexities of federal Indian law and tribal sovereignty.

Tribal Responses to Cannabis

Crow Tribe — Approved Ordinance

The Crow Tribe (Apsaalooke Nation) approved a cannabis ordinance in April 2021, including a 7% tribal tax on cannabis sales. The Crow Tribe was the first Montana tribe to formally embrace cannabis regulation, though implementation has been complex given the interplay between tribal sovereignty, state law, and federal Indian law.

Fort Peck — Banned All Possession

The Fort Peck Assiniboine and Sioux Tribes took the opposite approach, banning all cannabis possession on the Fort Peck Reservation in 2018 — before Montana's recreational legalization. Cannabis remains prohibited on Fort Peck Reservation regardless of Montana state law.

Reservations Are Sovereign Nations

Tribal law governs on reservation land, not Montana state law. Some reservations prohibit cannabis entirely. Do not assume your cannabis is legal on tribal land. Check with the specific tribe before bringing cannabis onto any reservation.

HB 952: The Vetoed Tribal Compacts Bill

In the 2025 legislative session, HB 952 proposed creating a framework for tribal cannabis compacts between the state and tribal nations, modeled on Washington State's successful tribal compact system. The bill would have:

  • Allowed tribes to regulate cannabis on their own land
  • Created a government-to-government compact framework
  • Established revenue-sharing between tribes and the state
  • Respected tribal sovereignty while integrating with the state regulatory system

HB 952 passed the legislature but was vetoed by Governor Gianforte. The veto left Montana's tribal cannabis framework in its current limited state: the Combined-Use License, which no tribe has used.

Why This Matters

Montana's tribal cannabis situation illustrates a broader national challenge. Tribes are sovereign nations that can set their own cannabis policies, but operating cannabis businesses involves navigating:

  • Federal Indian law — Reservations are federal trust land, and cannabis remains federally illegal
  • State regulatory systems — The Combined-Use License requires operating within Montana's state system, in a green county off-reservation
  • Tribal sovereignty — Tribes may prefer to develop their own regulatory frameworks rather than operate under state licenses
  • Economic development — Cannabis represents a potential revenue source for communities with limited economic opportunities
  • Cultural considerations — Each tribe's approach reflects its own cultural values and community priorities

No Social Equity Program

It is worth noting that Montana has no social equity program for cannabis licensing — no set-asides, no fee waivers, no dedicated funding for communities disproportionately affected by cannabis prohibition. I-190 did not include social equity provisions, and the license moratorium (SB 27, through June 2027) further restricts new entry. Expungement of past cannabis convictions is available only by individual petition, not through an automatic process.

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