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

Montana Statutes

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

Montana § 45-9-102

Title 45CRIMES

Ch. 9DANGEROUS DRUGS

Part 1Offenses Involving Dangerous Drugs

This text of Montana § 45-9-102 (Criminal Possession Of Dangerous Drugs) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 45-9-102 (2026).

Text

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.

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.