Pertinent statutes:
Montana MEDICAL MARIJUANA ACT
Missoula County "lowest priority" initiative
45-9-101. Criminal sale of dangerous drugs
45-9-102. Criminal possession of dangerous drugs
45-9-103. Criminal possession with intent to sell.
45-9-109. Criminal sale of dangerous drugs on or near school property
45-9-110. Criminal production or manufacture of dangerous drugs.
45-9-130. Mandatory fine for possession and storage of dangerous drugs
45-9-202. Alternative sentencing authority.
PARAPHERNALIA:
- up to 6 months, $500
POSSESSION OF MARIJUANA:
- mandatory fine: 35% of market value
- under 60 grams
1st offense: $100-500, up to 6 months in county jail, or both
2nd offense: up to $1000, up to 3 years in state prison - 60+ grams:
up to $50,000, up to 5 years in prison
POSSESSION WITH INTENT TO SELL:
- mandatory fine: 35% of market value
- up to $50,000, up to 20 years in prison
SALE (INCLUDES GIFTS AND TRADES!):
- mandatory fine: 35% of market value
- first offense: up to $50,000, 1 year to life in prison
- subsequent offenses: up to $50,000, 10 years to life in prison
SALE WITHIN 1000 FEET OF A SCHOOL:
- mandatory fine: 35% of market value
- (elementary/secondary, public or private)
- up to $50,000, 3 years to life in prison
CULTIVATION:
- mandatory fine: 35% of market value
- 1st offense:
30 plants or less / 1 lb or less
-- up to $50,000, up to 10 years in prison
over 30 plants/ over 1 lb:
-- up to $50,000, 2 years to life in prison - 2nd offense:
-- up to double the time and fines above
Alternative sentencing means that the judge can opt to give you probation, send you to a treatment facility, take your drivers license, community service, and/or random drug testing.
