Recreational marijuana has been legal in Montana for over 2 years now.  Starting Jan 1, 2021, you could posses an ounce of weed along with two plants and face no criminal penalties. That didn't mean you wouldn't be subject to a drug test when you went looking for a job.

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So while marijuana is legal in Montana, it doesn't give you the ability to just smoke all day everyday, especially while at work. There are also plenty of jobs that it makes sense they will drug test you. We're talking about places like the Police Department, Fire Department, along with most government jobs.

What are the laws regarding marijuana and employment in Montana?

With weed becoming legal in Montana, it gave both the employer and employee certain protections. There is a lot of legalese when it comes to recreational marijuana in Montana and if you want to read all of it click here. That said, who can make you take a drug test before you can work for them?

Under Montana law, employers may only conduct drug testing if their employees work in certain fields, however, including: (1) a hazardous work environment; (2) a security position; or (3) a position involving public health, driving motor vehicles, or a fiduciary responsibility. See Montana Code Annotated § 39-2-206(4).

So if you are looking for a new job and have been using marijuana (which is your legal right in Montana) just remember that you also could be subject to a drug test. You do however have some protections from your employer when it comes to weed.

However, the Act also establishes that marijuana is
now a “lawful product,” which generally means employers cannot discriminate against employees
who use “off the employer’s premises during non-working hours.”

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