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Montana Marijuana Laws

Marijuana laws are changing rapidly, with many states now allowing for use of the herb for medical purposes.

Federal Marijuana Laws

Even though some states have legalized recreational and medical use of marijuana, it is still illegal under federal laws. Federal laws prohibit possession of any amount of marijuana. A first conviction is punishable by up to one year in jail and a $1,000 fine. A second possession offense carries a minimum 15 day jail, with a maximum of two years in jail and a maximum $2,500 fine. A third and subsequent offense has a minimum jail time of 90 days with a maximum of three years and $5,000 fine.

Sale and cultivation of marijuana carry even higher fines and punishment under federal law. First offenses can put someone in jail for five years, and large amounts can put someone in jail for life, with a one million dollar fine.

Montana Marijuana Laws

In Montana, marijuana possession, sale, and manufacture are regulated by both state and federal law. Montana does allow medical marijuana use under limited circumstances.

Possession

It is a crime to knowingly or intentionally possess up to 60 grams of marijuana or up to one gram of hashish (including small amounts for personal use) in Montana.

Sales

Selling any amount of marijuana in Montana is illegal, an may be punished with a fine of up to $50,000, imprisoned for between one (1) year and life imprisonment, or both. Selling to a minor may incur an additional $50,000 fine, at least two years in prison, or both

Manufacture

In Montana, it is also illegal to grow or process marijuana (or possess marijuana with the intent to do so). Penalties vary according to the amount manufactured.

Medical Marijuana

Under the Montana Medical Marijuana Act, unless you currently hold a 'registry identification card' issued by the State of Montana authorizing you to use marijuana for medical purposes - your use of marijuana within Montana may be looked upon as criminal activity.

In order to grow and use marijuana under the Montana medical marijuana law, patients and caregivers need to register with the Quality Assurance Division of the Department of Public Health and Human Services.

Charges and penalties under Montana's marijuana laws are listed in the following table. See FindLaw's Drug Charges section for more articles and resources.

Code Section 45-9-101, et seq.; 50-32-101, et seq.
Possession First conviction. Penalties include a fine of between $100 and $500, and up to six months in jail. Second or subsequent conviction. Penalties include a fine of up to $1,000 and up to three years in prison.
Sale A fine of up to $50,000, imprisoned for between one (1) year and life imprisonment, or both. Selling to a minor may incur an additional $50,000 fine, at least two (2) years in prison, or both.
Manufacture Up to one (1) pound or 30 plants. Penalties include a fine of up to $5,000, up to 10 years in prison, or both.
More than one (1) pound or 30 plants. Penalties include a fine of up to $50,000, and between two (2) years and life imprisonment.
Second and subsequent convictions. Penalties include a fine of up to $100,000, and twice the applicable prison sentence imposed for a first offense for the amount possessed.

Note: State marijuana laws are constantly changing -- contact a Montana state drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.

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