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61-8-507. Pedestrian soliciting rides, business, or contributions. (1) A person may not stand on a roadway for the purpose of soliciting a ride.
Montana does not define roadway but says: Interpretation of this chapter in this state must be as consistent as possible with the interpretation of similar laws in other states. Therefor the definition of roadway can be assumed to allow hitchhiking from the shoulder of the road.
As with most states, if you are hitching from the shoulder or berm of the highway, you are not committing a crime.
