Mont. Code § 45-10-103

Current through the 2023 Regular Session

Section 45-10-103 - Criminal possession of drug paraphernalia

Except as provided in Title 16, chapter 12, or 50-32-609, it is unlawful for a person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. A person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined an amount of not more than $500, or both. A person convicted of a first violation of this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.

§ 45-10-103, MCA

Amended by Laws 2023, Ch. 723,Sec. 1, eff. 5/22/2023.

Amended by Laws 2021, Ch. 576,Sec. 75, eff. 1/1/2022.

Amended by Sec. 46, I.M. No. 190, approved Nov. 3, 2020 (eff. 1/1/2021).

Amended by Laws 2017, Ch. 253,Sec. 16, eff. 5/3/2017.

En. Sec. 3, Ch. 481, L. 1981; amd. Sec. 2, Ch. 100, L. 2001; amd. Sec. 1, Ch. 156, L. 2009.

Contingent voidness. Section 115 of Laws 2021, Ch. 576 provides: "Contingent voidness. If the Montana supreme court determines that Initiative Measure No. 190, approved November 3, 2020, other than the portions relating to revenue distribution, is in violation of the Montana constitution and the constitutional infirmity invalidates the entire initiative, then both Initiative Measure No. 190 and [this act] [Ch. 576] are void."