Montana

Mandatory Minimum Sentence
Medical Marijuana
Medical Marijuana
Drugged Driving
Summary of Montana
Year Law Last Passed 2004
How Law Was Passed Initiative 148 (62%)
Possession Limit 1 oz usable; 4 plants (mature); 12 seedlings

Laws, Limits and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

Personal Use

1 oz**No penalty**None**$ 0**
60g or less(first offense)Misdemeanor6 months$ 500
60g or less(second offense)Misdemeanor3 years$ 1,000
More than 60gFelony5 years$ 50,000
** Law takes effect on January 1, 2021

With intent to distribute

Any amountFelony20 years$ 50,000

Sale or Delivery

Any amount with or without compensationFelony1 year* - life$ 50,000
From an adult to a minorFelony2 years*$ 50,000
Within 1000 feet of school groundsFelony3 years* - life$ 50,000
* Mandatory minimum sentence

Cultivation

4 plants or less**No penalty**None**$ 0**
1 lb or less or 30 plants or lessFelony10 years$ 50,000
More than 1 lb or more than 30 plantsFelony2 years - life$ 50,000
** Law takes effect on January 1, 2021
Second or subsequent offense is punishable by twice the term of imprisonment and twice the authorized fine.

Hash & Concentrates

Possession of 1 gram or less (first offense)Misdemeanor6 months$ 500
Possession of 1 gram or less (subsequent offense)Misdemeanor3 years$ 1,000
Possession of more than 1 gFelony5 years$ 1,000
ManufactureFelony10 years$ 50,000
Penalties for the sale or possession with the intent to sell hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession, manufacture, or delivery of paraphernaliaMisdemeanor6 months$ 500
To a person under 18 who is at least 3 years youngerMisdemeanor1 year$ 1,000

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Use or possession of property subject to criminal forfeitureFelony10 yearsN/A
Continuing criminal enterprise results is a felony punishable by double or triple fine and imprisonment.
Possession of marijuana on a train results in additional penalties.
Storing marijuana results in additional fines.
Anyone convicted of a misdemeanor must attend a mandatory drug education course.
Imprisonment for felonies may be eligible for suspended or deferred imposition, which may include commitment to a drug treatment facility, community service, or driver's license revocations.

Details