Montana Marijuana Laws

If you are a resident of Montana, it is imperative that you familiarize yourself with the local paraphernalia laws in order to dodge harsh penalties.

Montana Marijuana Attorneys

The following Montana lawyers are actively involved in the practice of cannabis law:

Montana_montanacriminallawyer
Montana_judnichlaw

*About These Ads

LAW BREAKDOWN

Montana allows marijuana for limited medical use. Any other possession, sale, delivery, or cultivation of the drug is treated as a crime. Concentrates come with harsher penalties than other types of cannabis, and paraphernalia is also banned. Penalties for low-level offenders are relatively light, but other crimes may carry severe penalties.

Possession

Possession of marijuana is a misdemeanor in Montana as long as the amount is less than 60 grams (a little more than 2 ounces). For a first-time offender, the maximum penalty is six months in jail and a fine of $500. On a subsequent conviction, the top sentence increases to three years in prison and $1,000 in fines.

If the amount is greater than 60 grams, the offense is a felony and is punishable by as many as five years in prison and as much as $50,000 in fines. Possession of any amount with intent to distribute it carries a maximum sentence of 20 years in prison and $50,000 in fines.

Sale or Delivery

Sale or delivery of any amount of cannabis, with or without compensation, is a felony punishable by a minimum sentence of one year in jail and a maximum of life in prison, plus a top $50,000 fine. Sale or delivery of any amount from an adult to a minor carries an additional mandatory two-year sentence.

If the sale or delivery occurs within 1,000 feet of school grounds, the charge is a felony with a minimum sentence of three years in prison and a maximum of life, as well as up to $50,000 in fines.

Cultivation

It is a felony to grow any marijuana plants in Montana outside the state’s medical marijuana system. If the grower cultivates less than 1 pound of cannabis or 30 plants, the charge carries a maximum sentence of 10 years in prison and $50,000 in fines on a first offense.

When the amount of cannabis cultivated is more than 1 pound or 30 plants, the prison term increases to between 2 years and life. Both the maximum prison term and the maximum fine double on second and subsequent convictions.

Hash and Concentrates

Penalties for possession or manufacture of marijuana concentrates are harsher than those for bud. Possession of 1 gram or less is a misdemeanor punishable by up to six months in jail and a maximum fine of $500 on a first offense. On subsequent offenses, the maximum possible prison sentence increases to three years, while fines can be as much as $1,000.

Possession of more than 1 gram is a felony and carries a top punishment of five years in prison and $1,000 in fines. Manufacture of hashish or other concentrates can be punished by up to 10 years in prison and $50,000. Sale of concentrates or possession with intent to sell them are both treated the same as regular marijuana sale or delivery.

Paraphernalia

It is a misdemeanor to possess, make, sell, or deliver any kind of drug paraphernalia unless it is marketed, sold, and used only for legal purposes, such as tobacco smoking. The top penalty is six months in jail and $500 in fines. Delivery or sale of cannabis paraphernalia to a minor under age 18 by an adult who is at least three years older is also a misdemeanor and carries a maximum sentence of one year in jail and $1,000 in fines.

Marijuana paraphernalia in Montana includes any items intended for use in the cultivation, harvesting, processing, analyzing, testing, storing, or consumption of marijuana.

MEDICAL MARIJUANA

Montana voters legalized the medicinal use of cannabis by a wide margin in Nov, 2004.

Qualifying conditions – Cachexia/wasting syndrome, Cancer, Chronic pain, Crohn’s disease, Glaucoma, HIV/AIDS, Nausea, Seizures, Severe or persistent muscle spasms

Patient possession limits – One ounce

Home cultivation – Yes. Four mature plants are allowed, and up to 12 seedlings

State-licensed dispensaries – No

Caregivers – Yes. Caregivers are not permitted to receive any financial compensation for providing marijuana to qualified patients.

Reciprocity – No

Contact informationMontana Department of Public Health and Human Services

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.