Mont. Code § 45-9-102

Current through the 2023 Regular Session

Section 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.

§ 45-9-102, MCA

Amended by Laws 2021, Ch. 576,Sec. 70, eff. 1/1/2022.

Amended by Sec. 42, I.M. No. 190, approved Nov. 3, 2020 (eff. 1/1/2021).

Amended by Laws 2017, Ch. 321,Sec. 20, eff. 7/1/2017.

Amended by Laws 2017, Ch. 253,Sec. 14, eff. 5/3/2017.

Amended by Laws 2013, Ch. 135, Sec. 2, eff. 10/1/2013.

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.

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."