Montana § 45-9-102 Criminal Possession Of Dangerous Drugs

Montana Statutes

§ 45-9-102 — Criminal Possession Of Dangerous Drugs

Montana·Title 45 CRIMES·Ch. 9 DANGEROUS DRUGS·Part 1 Offenses Involving Dangerous Drugs

45-9-102 . Criminal possession of dangerous drugs.

(1)Except as provided in Title 16, chapter 12, or 50-32-609 , a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101 , [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12.

(2)A person convicted of criminal possession of dangerous drugs shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.

(3)A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.

(4)Ultimate users and practitioners, as defined in 50-32-101 , and agents under their supervision actin

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45-9-102 . Criminal possession of dangerous drugs. (1) Except as provided in Title 16, chapter 12, or 50-32-609 , a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101 , [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12.
(2) A person convicted of criminal possession of dangerous drugs shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.
(3) A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.
(4) Ultimate users and practitioners, as defined in 50-32-101 , and agents under their supervision acting in the course of a professional practice are exempt from this section.

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Legislative History

En. Sec. 5, Ch. 314, L. 1969; amd. Sec. 1, Ch. 228, L. 1971; amd. Sec. 26, Ch. 412, L. 1973; amd. Sec. 1, Ch. 174, L. 1974; amd. Sec. 2, Ch. 359, L. 1977; amd. Sec. 2, Ch. 584, L. 1977; R.C.M. 1947, 54-133; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 2, Ch. 612, L. 1983; amd. Sec. 17, Ch. 3, L. 1985; amd. Sec. 1, Ch. 42, L. 1991; amd. Sec. 1, Ch. 100, L. 2001; amd. Sec. 88, Ch. 114, L. 2003; amd. Sec. 12, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 2, Ch. 277, L. 2005; amd. Sec. 3, Ch. 156, L. 2011; amd. Sec. 2, Ch. 135, L. 2013; amd. Sec. 14, Ch. 253, L. 2017; amd. Sec. 20, Ch. 321, L. 2017; amd. Sec. 42, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 70, Ch. 576, L. 2021.