Criminal Possession of Dangerous Drug

In the state of Montana, it is illegal to possess or carry a controlled dangerous substance without a medical prescription. A person convicted of a first violation will often face a long period of probation. Violations of the terms of drug offender probation are common. A person convicted of a second or third drug offense will often face more serious penalties such as jail or prison time and large fines.

Drugs in Montana are classified in one of five schedules. Schedule 1 lists the most dangerous drugs, which have a high probability of abuse and addiction, and no medical value. The dangerousness and the probability of abuse decrease with Schedules 2, 3, 4, and 5 while the recognized medical uses increase. In many ways, these classifications are used to determine the severity of the applicable fines and jail / prison time for illegally possessing dangerous drugs.

Attorney for Possession of Dangerous Drugs in Helena

If you were arrested for possession of a dangerous drug in Helena or anywhere else in Montana, contact an experienced criminal defense attorney to discuss your case.

Greg Beebe is an aggressive criminal defense attorney at Beebe Law Firm and is familiar with Montana's drug possession laws and is ready to represent you if you were charged with a possession crime.

Greg represents residents in Lewis and Clark County, Missoula County, Gallatin County or other Montana Counties.


Helena Possession of Dangerous Drug Information Center

  • Criminal Possession of Dangerous Drugs: Misdemeanor
  • Penalties for Possession of Dangerous Drugs: Misdemeanor
  • Criminal Possession of Dangerous Drugs: Felony
  • Penalties for Possession of Dangerous Drugs: Felony

Criminal Possession of Dangerous Drugs: Misdemeanor

A person commits the offense of criminal possession of dangerous drugs if he or she purposely or knowingly possesses:

  • 60 grams or less of marijuana
  • 1 gram or less of hashish
  • an anabolic steroid.

To convict the Defendant of criminal possession of dangerous drugs, the State must prove the following elements:

  1.  That the Defendant possessed:
    • 60 grams or less of marijuana;
    •  1 gram or less of hashish;
    •  an anabolic steroid; and 

2. That the Defendant acted purposely or knowingly.


Penalties for Possession of Dangerous Drugs: Misdemeanor

  • 60 grams of marijuana or less (first offense) -
    • misdemeanor with a maximum of 6 months in jail and a maximum fine of $500
  • 60 grams of marijuana or less (second offense) -
    • misdemeanor with a maximum of 3 years in jail and maximum fine of $1000
  • 1 gram of hashish or less (first offense) –
    • misdemeanor with a maximum of 6 months in jail and maximum fine of $500
  • 1 gram of hashish or less (second offense) –
    • misdemeanor with a maximum of 3 years in jail and maximum fine of $1000
  • Anabolic steroid –
    • misdemeanor with a maximum of 6 months in jail and maximum fine of $500

Criminal Possession of Dangerous Drugs: Felony

A person commits the offense of criminal possession of dangerous drugs if he/she purposely or knowingly:

  •  possesses a dangerous drug (non-marijuana drug);
  •  possesses more than 60 grams of marijuana;
  •  possesses more than 1 gram of hashish; or 
  •  possesses an opiate.

To convict the defendant of criminal possession of dangerous drugs, the State must prove the following elements:

1. That the Defendant possessed:

    •  a dangerous drug (non-marijuana drug);
    •  possessed more than 60 grams of marijuana;
    •  possessed more than 1 gram of hashish;
    •  possessed an opiate; and

2. That the Defendant acted purposely or knowingly.


Penalties for Possession of Dangerous Drugs: Felony

  •  More than 60 grams of marijuana –
    • felony with a maximum of 5 years in jail and a maximum fine of $50,000
  •  More than 1 gram of hashish –
    • felony with a maximum of 5 years in jail and a maximum fine of $1000
  •  Opiates –
    • felony with a maximum of 5 years in jail and a maximum fine of $50,000
  •  Methamphetamines, Cocaine, and other drugs –
    • felony with a maximum of 5 years in jail and a maximum fine of $50,000

Additional Resources

United States Sentencing Commission – Visit the website of the United States Sentencing Commission to read more about the fines and penalties for possession of dangerous drugs. Read more about the latest statistics for crimes in the state of Montana.

Montana Department of Justice – Visit the website of the Montana Department of Justice to read more about drug abuse in Montana. Read from the ways to stop drug abuse in Montana Attorney General has said about this problem.


Finding a Possession of Dangerous Drugs Attorney in Helena, Montana

The Helena defense attorney, Greg Beebe, at Beebe Law Firm is an aggressive and experienced defense attorney who is ready to defend your rights if you have been charged with possession of a dangerous drug in the state of Montana.

Contact Beebe Law Firm now if you have any questions about possession crimes. If you are ready to talk about the best way to defend yourself against felony or misdemeanor charges, then give us a call at 1 (406) 442-3625.

Beebe Law Firm represents clients in Montana who have been charged with possession of dangerous drug, or any other drug offense. Greg Beebe will fight and defend anyone in the State of Montana and residents in Lewis and Clark County, Missoula County, Gallatin County or other Montana communities.

The office is conveniently located at 1085 Helena Avenue in Helena, Montana, between Idaho Avenue and North Dakota Avenue. Give us a call today at 1 (406) 442-3625.


This article was last updated on Tuesday, August 2, 2016.

Location:

Beebe Law Firm - Criminal Defense & DUI
1085 Helena Ave. Helena, MT 59601