State Laws

Montana Marijuana Laws

     

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 possess.

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 punishments.

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 thousand dollars.

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 double automatically.

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 marijuana laws.

See also:
Montana Felony
Montana Gun Laws
Montana Divorce
Montana Misdemeanors External link (opens in new window)
Montana Expungement External link (opens in new window)