Montana § 45-9-109 Criminal Distribution Of Dangerous Drugs On Or Near School Property -- Penalty -- Affirmative Defense

Montana Statutes

§ 45-9-109 — Criminal Distribution Of Dangerous Drugs On Or Near School Property -- Penalty -- Affirmative Defense

Montana § 45-9-109

Title 45CRIMES

Ch. 9DANGEROUS DRUGS

Part 1Offenses Involving Dangerous Drugs

This text of Montana § 45-9-109 (Criminal Distribution Of Dangerous Drugs On Or Near School Property -- Penalty -- Affirmative Defense) 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. § 45-9-109 (2026).

Text

45-9-109 . Criminal distribution of dangerous drugs on or near school property -- penalty -- affirmative defense.

(1)A person commits the offense of criminal distribution of dangerous drugs on or near school property if the person violates 45-9-101 in, on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school.

(2)Except as provided in 46-18-222 , a person convicted of criminal distribution of dangerous drugs on or near school property:

(a)shall be imprisoned in the state prison for a term of not less than 3 years or more than life; and

(b)may be fined an amount of not more than $50,000.

(3)It is not a defense to prosecution under subsection (1) that the person did not know the distance involved.

(4)It is an affirmative defense to pros

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45-9-109 . Criminal distribution of dangerous drugs on or near school property -- penalty -- affirmative defense. (1) A person commits the offense of criminal distribution of dangerous drugs on or near school property if the person violates 45-9-101 in, on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school.
(2) Except as provided in 46-18-222 , a person convicted of criminal distribution of dangerous drugs on or near school property:
(a) shall be imprisoned in the state prison for a term of not less than 3 years or more than life; and
(b) may be fined an amount of not more than $50,000.
(3) It is not a defense to prosecution under subsection (1) that the person did not know the distance involved.
(4) It is an affirmative defense to prosecution for a violation of this section that:
(a) the prohibited conduct took place entirely within a private residence; and
(b) no person 17 years of age or younger was present in the private residence at any time during the commission of the offense.