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NEW: Montana NORML Marijuana Mega-Mart

Montana Marijuana Penalties

Laws of other states

Pertinent statutes:

Montana MEDICAL MARIJUANA ACT

Missoula County "lowest priority" initiative

45-9-101. Criminal sale of dangerous drugs
45-9-102. Criminal possession of dangerous drugs
45-9-103. Criminal possession with intent to sell. 
45-9-109. Criminal sale of dangerous drugs on or near school property
45-9-110. Criminal production or manufacture of dangerous drugs.
45-9-130. Mandatory fine for possession and storage of dangerous drugs
45-9-202. Alternative sentencing authority.

PARAPHERNALIA:

  • up to 6 months, $500

POSSESSION OF MARIJUANA:

  • mandatory fine: 35% of market value
  • under 60 grams
    • 1st offense: $100-500, up to 6 months in county jail, or both
    • 2nd offense: up to $1000, up to 3 years in state prison
  • 60+ grams:
    • up to $50,000, up to 5 years in prison

POSSESSION WITH INTENT TO SELL:

  • mandatory fine: 35% of market value
  • up to $50,000, up to 20 years in prison

SALE (includes gifts and trades!):

  • mandatory fine: 35% of market value
  • first offense: up to $50,000, 1 year to life in prison
  • subsequent offenses: up to $50,000, 10 years to life in prison

SALE WITHIN 1000 FEET OF A SCHOOL:

  • mandatory fine: 35% of market value
  • (elementary/secondary, public or private)
  • up to $50,000, 3 years to life in prison

CULTIVATION:

  • mandatory fine: 35% of market value
  • 1st offense:
    • 30 plants or less / 1 lb or less:
      • up to $50,000, up to 10 years in prison
    • over 30 plants/ over 1 lb:
      • up to $50,000, 2 years to life in prison
  • 2nd offense:
    • up to double the time and fines above

Alternative sentencing means that the judge can opt to give you probation, send you to a treatment facility, take your drivers license, community service, and/or random drug testing.

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