After Initiative 190 passed in November, on Jan. 1, it became legal for adults to possess no more than one ounce of marijuana for personal use in the state of Montana. Currently, the only legal way to acquire cannabis for adult use is to grow it yourself – traveling to a state where recreational cannabis is legal to buy and bring back to Montana would be against federal law. I-190 allows residents to have up to four marijuana plants, but this will be reduced to two plants per person or four plants per household once HB 701 is signed. 45-9-102. Criminal possession of dangerous drugs. Subject to the provisions of Division 50, Chapter 46, a person commits criminal possession of dangerous drugs if the person possesses a dangerous drug as defined in 50-32-101. This subsection does not apply to possession of synthetic cannabinoids, which are listed as dangerous drugs in 50-32-222. Possession of more than one ounce of cannabis and possession of other controlled substances such as methamphetamine, cocaine, opiates, heroin, fentanyl, Ritalin/Adderall remain illegal in Montana and can result in significant prison sentences. A person commits the crime of criminal possession of dangerous drugs when he or she intentionally or knowingly possesses: In general, legalization means a policy that supports a legally controlled marijuana market where consumers can purchase marijuana for personal use from a trusted legal source. Montana Department of Revenue officials are already preparing to take over the state`s medical marijuana program, which is currently part of the Department of Public Health and Human Services, and establish a newly legalized adult market, as outlined in House Bill 701. which passed the legislature in late April and signed into law by Governor Greg Gianforte on May 18.
The information contained in this publication is provided for informational purposes only and does not constitute legal advice or opinion, nor does it replace the professional judgment of any lawyer. Montana voters passed Initiative 190, which allows the use, production and sale of marijuana by adults. Voters also passed Constitutional Initiative 118, which limits marijuana use to people 21 and older. The legislature then passed HB 701, which amends several provisions of Initiative 90, including reducing the amount of cannabis plants that can legally be grown by an adult from four to two. As amended, it is legally prohibited for people 21 years of age and older to grow more than two plants and two seedlings at a time. A household with more than one adult can grow a maximum of four plants and/or four plants. In Montana, possession of a controlled substance (dangerous drug) can be classified as a felony or misdemeanor. In many cases, it doesn`t matter how much drug you find in your possession – you can be prosecuted simply because you have the drug residue that remains in a pipe or bag. If you have been charged with drug possession or driving under the influence of a drug or THC, it is imperative that you have a criminal defense or DUI attorney to help protect your rights. At Trailhead Law, we may be able to help dismiss or reduce charges by showing that officers violated Montana or federal law when they first stopped you, searched your person or vehicle, or seized/examined drugs.
Montana Code Section 45-9-101 (Criminal Distribution of Dangerous Drugs) Growing up to two mature plants and two seedlings for personal use (or four mature plants and four plants for registered cardholders) is legal. To convict the accused of criminal possession of dangerous drugs, the state must prove the following: Montana Governor Greg Gianforte recently signed two bills that create the framework for recreational cannabis and begin implementing Constitutional Initiative 118 (CI-118) and Initiative 190 (I-190), which were approved by vote in the November 2020 election. Among other things, I-190 legalized the sale and possession of marijuana for recreational purposes, while CI-118 amended the state constitution to allow the legislature to create the conditions for legal possession and recreational use of marijuana by adults.1 The new laws will impact the workplace by allowing people who use marijuana outside of work in accordance with the State laws. Protect against adverse employment policies and address other workplace issues related to marijuana use. Possession of foods containing up to 800 mg of THC is legal 4. If the person has a criminal record of 45-5-106, they will be punished under 61-8-731 for a fourth or more offences, either driving under the influence of alcohol or drugs or with an excessive concentration of alcohol, driving under the influence of delta-9-tetrahydrocannabinol or heavy driving under the influence of alcohol. Drugs in Montana are classified in one of five lists. Schedule 1 lists the most dangerous drugs that have a high probability of abuse and dependence and no medical value. The dangerousness and likelihood of abuse decreases with Schedules 2, 3, 4 and 5, while recognized medical applications increase.
In many ways, these classifications are used to determine the severity of applicable fines and jail time for illegal possession of dangerous drugs. While it is now legal to possess recreational marijuana/cannabis in Montana and surrounding states, it is important to recognize that interstate transportation of cannabis remains illegal under federal law. In Montana, driving under the influence of cannabis (DUI) is also a crime. If a blood sample shows a concentration of more than 5 ng/L of THC in your system, the court will suspect that you are under the influence or impaired while driving. A person convicted of criminal possession of dangerous drugs not under subsection (2). As noted in the initiative, counties had the option to opt out of the adult-use cannabis market. But HB 701 ensures that counties where the majority of people voted for legalization can leave the market, and counties where it was not supported should opt for the market. Although some states have legalized the recreational and medical use of marijuana, it is still illegal under federal law. Federal laws prohibit possession of any amount of marijuana. A first conviction carries a maximum penalty of one year in prison and a fine of $1,000. A second offence of possession is punishable by a minimum of 15 days to a maximum of two years` imprisonment and a fine of up to $2,500. A third and subsequent offences are punishable by a minimum term of imprisonment of 90 days, a maximum of three years and a fine of $5,000.
Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. Imprisonment for dangerous drug offences may be suspended or deferred. Conditions for such suspension or deferral may include, but are not limited to, engagement in a drug treatment facility for up to 1 year, up to 2,000 hours of community service in an education or drug treatment facility, revocation of driver`s licence (6 months for first offence, 1 year for a second offence and 3 years for a third or subsequent offence). In the state of Montana, it is illegal to possess or transport a controlled hazardous substance without a doctor`s prescription. A person convicted of a first offence often faces a long probation period. Violations of the probation conditions of drug-addicted offenders are common. A person convicted of a second or third drug offence often faces heavier penalties, such as jail or jail, and hefty fines.
United States Sentencing Commission – Visit the United States Sentencing Commission website to learn more about fines and penalties for possession of dangerous drugs. Learn more about the latest crime statistics in the state of Montana. The following will be liable to a fine of not less than $100 and not more than $300 and: Residents who do not want to grow their own marijuana and do not have a medical marijuana card will have to wait until January 1, 2022, when already established medical dispensaries can begin selling it to all adults. HB 701 gives Montana-based medical marijuana suppliers an 18-month lead on the adult market, and dispensaries that are not yet established cannot apply for an adult license from the state until July 1, 2023. Vehicles and other property may be confiscated for offences involving controlled substances. However, a vehicle cannot be seized if it was used or intended to transport 60 grams of marijuana or less. Within 45 days of the seizure of the property, the office of seizure must initiate a revocation procedure. The court will then issue a subpoena and notice to anyone interested in the property.
Those with an interest must file a response within 20 days of service of the summons, or the property will be forfeited to the state. Charges and penalties under Montana`s marijuana laws are listed in the table below. For more articles and resources, see FindLaw`s Drug Fees section. As a result, marijuana opponents and advocates say the battle for recreational cannabis will now shift to the county level. Opponents are confident that residents who opposed I-190 won`t change their minds now.