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| Marijuana Laws in Montana | |||
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| POSSESSION | |||
| 60 g or less (first offense) | misdemeanor | 6 months | $100 - $500 |
| 60 g or less (subsequent offense) | feolny | 3 years | $1,000 |
| More than 60 g | felony | 20 years | $50,000 |
| CULTIVATION | |||
| 1 lb or less | felony | 10 years | $50,000 |
| More than 1 lb (or more than 30 plants) | felony | 2 year MMS* - life | $50,000 |
| Subsequent offenses | felony | double penalty | double penalty |
| *Mandatory minimum sentence. | |||
| SALE | |||
| Any amount | felony | 1 year - life | $50,000 |
| To a minor | felony | additional 2 years - life | $50,000 |
| Within 1,000 feet of school** | felony | additional 3 years - life | $50,000 |
| ** That the person did not know the distance to a school may not be brought as a defense in court. An affirmative defense may be raised if the conduct took place entirely within a private residence, and that no person under 17 years of age was present in the private residence at any time during the commission of the offense. |
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| MISCELLANEOUS | |||
| Paraphernalia possession or sale | misdemeanor | 6 months | $500 |
| Any conviction requires dangerous drug information course. Possible alternative sentencing instead of incarceration. |
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| DETAILS | |||
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Possession of 60 grams or less of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $100 - $500 for the first conviction. For subsequent convictions the penalties increase to up to three years in prison and a fine up to $1,000. Possession of greater than 60 grams carries a sentence of up to 20 years in prison and a fine up to $50,000. Production or manufacture of one pound or less of marijuana is punishable by up to 10 years in jail and a fine up to $50,000. For amounts greater than one pound or more than 30 plants, the penalty includes a two-year mandatory minimum sentence to life in prison and a fine up to $50,000. Subsequent convictions can double the possible sentence. Sale or distribution of marijuana carries a penalty of 1 year - life in prison and a fine up to $50,000. Sale to a minor carries an additional penalty of 2 years - life in prison and a fine up to $50,000. Any sale within 1,000 feet of a school also adds an additional 3 years - life in prison and a fine up to $50,000. All dangerous drug convictions require the offender to attend a dangerous drug information course. There is also the possibility of alternative sentencing such as fines, drug treatment, community service or probation if the court feels that incarceration is not warranted. The penalty for possession or sale of paraphernalia is up to six months in jail and a fine up to $500. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole. Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section. Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section. |
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