Montana Medical Marijuana Laws

Possession

  • 60 g or less (first offense) misdemeanor 6 months $100 - $500
  • 60 g or less (subsequent offense) felony 3 years $1,000
  • More than 60 g felony 20 years $50,000


Cultivation

  • 1 lb or less felony 10 years $50,000
  • More than 1 lb (or more than 30 plants) felony 2 year MMS* - life $50,000
  • Subsequent offenses felony double penalty double penalty
  • *Mandatory minimum sentence.


Sale

  • Any amount felony 1 year - life $50,000
  • To a minor felony additional 2 years - life $50,000
  • Within 1,000 feet of school** felony additional 3 years - life $50,000
  • ** That the person did not know the distance to a school may not be brought as a defense in court.
  • An affirmative defense may be raised if the conduct took place entirely within a private residence, and that no person under 17 years of age was present in the private residence at any time during the commission of the offense.
  • Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
  • Paraphernalia possession or sale misdemeanor 6 months $500
  • Any conviction requires dangerous drug information course.
  • Possible alternative sentencing instead of incarceration.


Details

Possession of 60 grams or less of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $100 - $500 for the first conviction. For subsequent convictions the penalties increase to up to three years in prison and a fine up to $1,000. Possession of greater than 60 grams carries a sentence of up to 20 years in prison and a fine up to $50,000.

Production or manufacture of one pound or less of marijuana is punishable by up to 10 years in jail and a fine up to $50,000. For amounts greater than one pound or more than 30 plants, the penalty includes a two-year mandatory minimum sentence to life in prison and a fine up to $50,000. Subsequent convictions can double the possible sentence.

Sale or distribution of marijuana carries a penalty of 1 year - life in prison and a fine up to $50,000. Sale to a minor carries an additional penalty of 2 years - life in prison and a fine up to $50,000. Any sale within 1,000 feet of a school also adds an additional 3 years - life in prison and a fine up to $50,000.

All dangerous drug convictions require the offender to attend a dangerous drug information course. There is also the possibility of alternative sentencing such as fines, drug treatment, community service or probation if the court feels that incarceration is not warranted.

The penalty for possession or sale of paraphernalia is up to six months in jail and a fine up to $500.
 

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