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Montana Marijuana Penalties

 

Montana Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

Personal Use

60g or less(first offense) Misdemeanor 6 months $ 500
60g or less(second offense) Misdemeanor 3 years $ 1,000
More than 60g Felony 5 years $ 50,000

With intent to distribute

Any amount Felony 20 years $ 50,000

Sale or Delivery

Any amount with or without compensation Felony 1 year* – life $ 50,000
From an adult to a minor Felony 2 years* $ 50,000
Within 1000 feet of school grounds Felony 3 years* – life $ 50,000
* Mandatory minimum sentence

Cultivation

1 lb or less or 30 plants or less Felony 10 years $ 50,000
More than 1 lb or more than 30 plants Felony 2 years – life $ 50,000
Second or subsequent offense is punishable by twice the term of imprisonment and twice the authorized fine.

Hash & Concentrates

Possession of 1 gram or less (first offense) Misdemeanor 6 months $ 500
Possession of 1 gram or less (subsequent offense) Misdemeanor 3 years $ 1,000
Possession of more than 1 g Felony 5 years $ 1,000
Manufacture Felony 10 years $ 50,000
Penalties for the sale or possession with the intent to sell hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession, manufacture, or delivery of paraphernalia Misdemeanor 6 months $ 500
To a person under 18 who is at least 3 years younger Misdemeanor 1 year $ 1,000

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Use or possession of property subject to criminal forfeiture Felony 10 years N/A
Continuing criminal enterprise results is a felony punishable by double or triple fine and imprisonment.
Possession of marijuana on a train results in additional penalties.
Storing marijuana results in additional fines.
Anyone convicted of a misdemeanor must attend a mandatory drug education course.
Imprisonment for felonies may be eligible for suspended or deferred imposition, which may include commitment to a drug treatment facility, community service, or driver’s license revocations.