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Montana Marijuana Laws
Montana has what could be described as both liberal and conservative marijuana laws, with light penalties marijuana offenses and severe penalties for others. Law enforcement in the state makes less than 1,000 arrests annually for marijuana-related charges, according to the department of justice. As for production of marijuana, the DEA estimates the state produces around 23,000 pounds yearly, with a street value not exceeding $157 million dollars.
Medical Marijuana Users
With 62% of the state voting yes, Montana made it legal to use and possess a restricted amount of marijuana and marijuana plants in November of 2004. To grow or use marijuana in the state, users, and/or caregivers must register with the state and pay a registration fee. Users must have certain medical conditions to apply, and must have a physician’s note stating that the use of medical marijuana would be of benefit to their health.
Non-Medical Users:
Non-medical users caught for the first time with a small amount of marijuana are treated lightly by the Montana court system. Montana has established alternative sentencing programs to deal with non-violent, first-time offenders holding small amounts. The fines for possession of small amounts are also quite small comparatively to other states. If, however, users are caught with large amounts or are multiple offenders, the jail sentences they face greatly increase, and they face felony convictions.
Penalties for Marijuana Use or Possession in Montana:
|
Possession of 60 grams or less, first offense |
Misdemeanor |
Penalties include up to 6 months in jail and a $100-$500 fine. |
|
Possession of 60 grams or less, subsequent offences |
Felony |
Penalties include up to 3 years in jail and fines up to $1,000 |
|
Possession of more than 60 grams |
Felony |
Penalties include up to 20 years in jail and a $50,000 fine |
Penalties for Growing, Selling and Trafficking Marijuana:
Cultivation:
|
1 pound or less |
Felony |
Penalties include up to 10 years in jail and a $50,000 fine |
|
More than 1 pound or 30 plants |
Felony |
Penalties include a Mandatory Minimum sentence of at least 2 years to life and a $50,000 fine |
|
Each Additional Offense |
Felony |
The penalty is a double penalty |
Sale:
|
Any Amount |
Felony |
The penalties are1 year to life in jail and a $50,000 fine |
|
To a minor |
Felony |
The penalties are an additional 2 years-to life in jail and a $50,000 fine |
|
1,000 feet or less from a school |
Felony |
The penalties are an additional 2 years to life in jail and a $50,000 fine |
Miscellaneous:
|
Possession or sale of paraphernalia |
Misdemeanor |
Penalties include up to 6 months in jail and a $500 fine |
Penalties for Driving Under the Influence of Marijuana (DUID)
Montana has no DUID or driving under the influence of Marijuana laws.
Legal Help with a Marijuana Offense
If you are facing marijuana-related charges in Montana, it is imperative you seek a marijuana attorney. A marijuana lawyer will be able to assist you in getting the best possible sentence, as Montana has created diversion programs for many possession cases. Additionally, an attorney can help plea your case down to a lesser charge or even in certain cases a dismissal, which is especially important given the nature of the long prison sentences for any type of selling or cultivating illegally in the state.