Montana Laws and Penalties

• Conditional Release
• Legalization
• Drugged Driving
• Mandatory Minimum Sentence
• Medical Marijuana

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Controlled Substances Chapter of the Montana Code Annotated. It is also considered a dangerous drug.

• Montana Code Ann. § 50-32-101
• Montana Code Ann. § 50-32-222(4)(t)

Possession for Personal Use

Voters in Montana passed Initiative 190, which allows for the use, production and sale of marijuana by adults. Voters additionally passed Constitutional Initiative 118, which limits marijuana use to those ages 21 or older.  Lawmakers then enacted HB 701, which amends several provisions in Initiative 90, including reducing the amount of cannabis plants that may be legally grown by an adult from four to two. As amended, those age 21 and older may legally grow no more than two plants and two seedlings at one time. A household with more than one adult may grow a maximum of four plants and/or four seedlings. 

Possession of more than 1 ounce of marijuana but less than 2 ounces of marijuana is a civil infraction punishable at the person’s choice either by a fine of up to $200 or the completion of 4 hours of community service. A second offense is a civil infraction punishable at the person’s choice either by a fine of up to $300 or the completion of 6 hours of community service. Possession of more than 2 ounces of marijuana is a felony punishable by up to 5 years in prison and/or up to 45,000.

• Initiative 190
• House Bill 701
• Montana Code Ann. § 45-9-102

Possession with Intent to Distribute

Possession of more than 1 ounce of marijuana but less than 2 ounces of marijuana with intent to distribute is a civil infraction punishable at the person’s choice either by a fine of up to $200 or the completion of 4 hours of community service. A second offense is a civil infraction punishable at the person’s choice either by a fine of up to $300 or the completion of 6 hours of community service.

Possession of more than two ounces of marijuana with intent to distribute is a felony punishable by up to 20 years imprisonment and/or a fine up to $50,000.

• Initiative 190
• Montana Code Ann. § 45-9-103(3)

Sale/Delivery

Distribution of more than two ounces of marijuana, with or without compensation, is punishable by a mandatory minimum of 1 year and a maximum sentence of life imprisonment and/or a fine up to $50,000.

• Montana Code Ann. § 45-9-101(4)

Distribution of any amount, with or without compensation, from an adult to a minor is punishable by a mandatory minimum of 2 years imprisonment and/or a fine up to $50,000. Penalties significantly increase for repeat offenses.

• Montana Code Ann. § 45-9-101(5)

Distribution of any amount, with or without compensation, within 1,000 feet of school grounds is a felony punishable by a minimum of 3 years and maximum of life imprisonment and a fine up to $50,000. It is an affirmative defense to this charge if the distribution occurred within the confines of a private residence and no one under the age of 18 was present in the residence.

• Montana Code Ann. § 45-9-109

Cultivation

Lawmakers in May enacted HB 701, which amends several provisions in Initiative 90, including reducing the amount of cannabis plants that may be legally grown by an adult from four to two. As amended, those age 21 and older may legally grow no more than two plants and two seedlings at one time. A household with more than one adult may grow a maximum of four plants and/or four seedlings. Consistent with I-90, adults are still permitted to possess up to one ounce of cannabis.

Cultivation of more than 4 plants and up to 1 pound or 30 plants of marijuana is a felony punishable by up to 10 years imprisonment and/or a fine up to $50,000. Cultivation of more than 1 pound or 30 plants is a felony punishable by a minimum of 2 years to a maximum of life imprisonment and a fine up to $50,000. A second or subsequent offense for cultivation of marijuana is punishable by twice the term of imprisonment and twice the authorized fine for the first offense.

• Montana Code Ann. § 45-9-110

Hash & Concentrates

Montana lists both Marijuana and Tetrahydrocannabinols in Schedule I of the Montana Controlled Substances Schedule. The statute defines Marijuana as all plant material of the genus Cannabis containing THC. Tetrahydrocannabinols are defined as substances contained in the resinous extractives of Cannabis, not requiring any plant matter be present.

• Montana Code Ann. §50-32-101
• Montana Code Ann. §50-32-222

The penalties for the sale of any amount of Marijuana and Tetrahydrocannabinols are equal.

• Montana code Ann. §45-9-101(4)

The penalties for possession of Tetrahydrocannabinols are differentiated by weight:

For the first offense, possession of more than 8 grams but less than 16 grams of Tetrahydrocannabinol is a civil infraction punishable by a fine of $200. A second offense is punishable by a fine of $300.

• Montana Code Ann. §16-12-106(7)(a),(b)

Possession of any amount of Tetrahydrocannabinol greater than 16 grams is a felony punishable by up to 5 years in a state prison as well as a fine not to exceed $50,000.

• Montana Code Ann. §45-9-102(2), (5)

The penalties for possession with intent to distribute any amount of Tetrahydrocannabinol are equal to those for the possession with intent to distribute any amount of Marijuana. Transfer of up to 8 grams of marijuana concentrates or 800mg in edible form is allowed.

• Montana Code Ann. §45-9-103
• Montana Code Ann. §16-12-106(1)(b)

Distribution of Tetrahydrocannabinol within 1000 feet of the real property of a school, whether public or private, elementary or secondary, is a felony punishable by up to life imprisonment, with a 3 year mandatory minimum and a fine not to exceed $50000.

• Montana Code Ann. §45-9-109

Paraphernalia

Possession, manufacture, or delivery of paraphernalia is legal in Montana. However, if the delivery was from a person aged 18 or older to a person under the age of 18 who is at least 3 years younger, then the offense is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.

• Montana Code Ann. § 45-10-103 to 105

Sentencing

Imprisonment for felonies involving dangerous drugs may be eligible for suspended or deferred imposition. Conditions of this suspension or deferral may include commitment to a drug treatment facility for up to 1 year, up to 2,000 hours community service in a drug education or treatment facility, driver’s license revocations (6 months for first offense, 1 year for a second offense, and 3 years for a third or subsequent offense), among others.

• Montana Code Ann. § 45-9-202

Those convicted of a first-time possession of 60 grams or less offense are presumed to be eligible for deferred imposition of a sentence of imprisonment. For suspended or deferred sentencing of a first time possession offense of under 60 grams, the minimum fine of $100 must be imposed as a condition.

• Montana Code Ann. § 45-9-102

Forfeiture

Vehicles and other property may be seized for controlled substance violations. However, a vehicle may not be seized if it was used or intended for use for transported 60 grams of marijuana or less. Within 45 days of seizure of the property, the seizing agency must file a forfeiture proceeding. The court will then issue a summons and notice to all those with interest in the property. Those with an interest must file an answer within 20 days after the service of the summons, or the property is forfeited to the state.

• Montana Code Ann. §§ 44-12-102 to 103
• Montana Code Ann. §§ 44-12-201 to 203
• Montana Code Ann. § 45-9-206

Miscellaneous

Carrying dangerous drugs on a train

Possession of marijuana on a train is an offense that is punishable by the same penalties of and in addition to the possession itself.

• Montana Code Ann. § 45-9-127

Mandatory fine for possession and storage of dangerous drugs

Every person found to have possessed or stored marijuana shall be fined, in addition to other fines, an amount which is 35% of the market value of the marijuana.

• Montana Code Ann. § 45-9-130

Mandatory drug education course

Anyone who is convicted of drug offense characterized as a misdemeanor must attend a dangerous drug information course.

• Montana Code Ann. § 45-9-208

Suspended or deferred imposition

Imprisonment for felonies involving dangerous drugs may be eligible for suspended or deferred imposition. Conditions of this suspension or deferral may include commitment to a drug treatment facility for up to 1 year, up to 2,000 hours community service in a drug education or treatment facility, driver’s license revocations (6 months for first offense, 1 year for a second offense, and 3 years for a third or subsequent offense), among others.

• Montana Code Ann. § 45-9-202

Last Updated May 12, 2023

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