1. (1) The following cannabinoids are considered synthetic cannabinoids and any products with these cannabinoids at any appreciable levels are synthetic cannabinoid products:

   1. (a) Tetrahydrocannabinol alkyl analogues C4 or higher including but not limited to the following:

      1. (i) Delta-8 tetrahydrocannabiphorol (D8-THCP);
      2. (ii) Delta-9 tetrahydrocannabiphorol (D9-THCP);
      3. (iii) Delta-8 tetrahydrocannabioctyl (D8-THCJD);
      4. (iv) Delta-9 tetrahydrocannabioctyl (D9-THCJD);
      5. (v) Delta-8 tetrahydrocannabutol (D8-THCB);
      6. (vi) Delta-9 tetrahydrocannabutol (D9-THCB);
      7. (vii) Delta-8 tetrahydrocannabihexol (D8-THCH);
      8. (viii) Delta-9 tetrahydrocannabihexol (D9-THCH);
   2. (b) Delta-10 tetrahydrocannabinol (D10-THC) and isomers;
   3. (c) Delta-8 tetrahydrocannabinol (D8-THC) and isomers;
   4. (d) Delta-7 tetrahydrocannabinol (D7-THC) and isomers;
   5. (e) Delta-6a,10a tetrahydrocannabinol (D6a,10a-THC) and isomers;

   6. (f) Ester forms of tetrahydrocannabinol including but not limited to:

      1. (i) Delta-8 tetrahydrocannabinol acetate (D8-THCO);
      2. (ii) Delta-9 tetrahydrocannabinol acetate (D9-THCO);
      3. (iii) Delta-8 tetrahydrocannabiphorol acetate (D8-THCPO);
   7. (g) Exo-tetrahydrocannabinol;

   8. (h) Hydrogenated forms of tetrahydrocannabinol including but not limited to the following:

      1. (i) Hexahydrocannabinol (HHC);
      2. (ii) Hexahydrocannabiphorol (HHCP);
      3. (iii) Hexahydrocannabihexol (HHCH);
      4. (iv) Hexahydrocannabinol acetate (HHCO);

   9. (i) Hydrogenated forms of cannabidiol (CBD) including but not limited to:

      1. (i) H4-cannabidiol (H4-CBD);
      2. (ii) H4-cannabidiol dimethylheptyl (H4-CBD-DMH);
   10. (j) Synthetic forms of THC including but not limited to Dronabinol; and
   11. (k) Tetrahydrocannabinol monomethyl ether (THCM).

2. (2) The department may determine that other cannabinoids are synthetic cannabinoids if findings indicate:

   1. (a) the cannabinoid is novel relative to known naturally occurring cannabinoids; or
   2. (b) the cannabinoid appears in a product at levels that are not achievable through natural production in the Cannabis plant.

3. (3) If the department determines a cannabinoid is a synthetic cannabinoid under (2), a licensee may demonstrate to the department with clear and convincing evidence that the cannabinoids present in its product are not synthetic cannabinoids. A licensee may demonstrate that the cannabinoids are not synthetic through:

   1. (a) production batch records;
   2. (b) a standard operating procedure that clearly and concisely indicates the process, starting materials, and reagents used to make the product; or
   3. (c) traceability of sourced raw materials.
4. (4) A certificate of analysis is not considered clear and convincing evidence of whether a product contains synthetic cannabinoids.

Authorizing statute(s): 16-12-112, MCA

Implementing statute(s): 16-12-101, 16-12-112, 16-12-117, MCA

History: NEW, 2026 MAR, Notice No. 2025-227, Eff. 3/21/26.