Montana Laws The state of Montana currently has legalized marijuana for
medical purposes. The law, however, does restrict the number of plants
an individual may possess at one time and the amount an individual may
In order to legally possess medical marijuana, an individual must first
register and pay a registration fee. Only certain illnesses will
qualify, and a physician must first recommend an individual for
qualification. If an individual does not abide by the proper usage
guidelines, he or she will be subject to marijuana penalties.
All Montana penalties vary in severity and are based on the amount in
possession and the number of prior offenses. A first offense will earn
a lesser penalty than a subsequent offense. Montana law has established
a sentencing structure that gives non-violent, first offenses lesser
Possession Possessing offenses are the least severe of all marijuana
charges. Possessing fewer than sixty grams on a first offense is
considered a misdemeanor offense in the state of Montana. This crime
comes with imprisonment up to six months and a fine between one hundred
and five hundred dollars.
All possessions of fewer than sixty grams on all subsequent offenses
are considered felony offenses. This crime can earn imprisonment terms
up to three years and fines up to one thousand dollars.
Possessing more than sixty grams--on a first or a subsequent
offense--is also considered a felony. This felony offense can earn up
to fifty thousand dollars in fines and up to twenty years in prison.
Cultivation Cultivation charges carry higher penalties than possession
offenses. Cultivating less than one pound is considered a felony and
can be penalized by up to ten years in prison and a fine of fifty
Cultivating more than one pound or thirty plants is a felony offense
that is punishable by a fine of fifty thousand dollars and a mandatory
two years of imprisonment and the possibility of life in prison. Any
additional offense is a felony offense and can have all penalties
Sale Selling marijuana is always considered a felony offense, no
matter the amount at hand. The sale of marijuana can be penalized by
imprisonment terms between one year and life in prison as well as a
fine of fifty thousand dollars. The amount of prison time received will
depend on the amount being sold and the number of prior offenses.
Selling any amount to a minor will have increased penalties of no less
than two years of imprisonment with the possibility of life in prison
and a fine of fifty thousand dollars. Selling any amount within one
thousand feet of or on school property also calls for a two-year prison
sentence with the possibility of life in prison and fifty thousand
dollars in fines.
Other Selling or possessing marijuana paraphernalia is considered a
misdemeanor offense in the state of Montana. Both of these offenses can
earn up to six months in jail and a fine of five hundred dollars.
Montana currently does not have a driving under the influence of