Montana

Mandatory Minimum Sentence
Medical Marijuana
Drugged Driving
Hemp

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
Possession
Personal Use
60g or less(first offense) Misdemeanor 6 months $ 500
60g or less(second offense) Misdemeanor 3 years $ 1,000
More than 60g Felony 5 years $ 50,000
With intent to distribute
Any amount Felony 20 years $ 50,000
Sale or Delivery
Any amount with or without compensation Felony 1 year* - life $ 50,000
From an adult to a minor Felony 2 years* $ 50,000
Within 1000 feet of school grounds Felony 3 years* - life $ 50,000
* Mandatory minimum sentence
Cultivation
1 lb or less or 30 plants or less Felony 10 years $ 50,000
More than 1 lb or more than 30 plants Felony 2 years - life $ 50,000
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) Misdemeanor 6 months $ 500
Possession of 1 gram or less (subsequent offense) Misdemeanor 3 years $ 1,000
Possession of more than 1 g Felony 5 years $ 1,000
Manufacture Felony 10 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 paraphernalia Misdemeanor 6 months $ 500
To a person under 18 who is at least 3 years younger Misdemeanor 1 year $ 1,000
Civil Asset Forfeiture
Vehicles and other property may be seized.
Miscellaneous
Use or possession of property subject to criminal forfeiture Felony 10 years N/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

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. .

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.