In the state of Montana, marijuana is classified as a Schedule I substance, which means it is a highly abused substance. Although marijuana is classified as a Schedule I substance in Montana, the law recognizes that it can be used for medical marijuana purposes under certain circumstances.
Based on the potential penalties for a first offense, regarding the overall severity of maximum sentences for marijuana possession, Montana ranks number 2 in the nation.
Not only is it illegal to possess, sell, or cultivate marijuana in the state of Montana, it is also illegal to drive under the influence of marijuana. If someone in the state of Montana chooses to drive under the influence of marijuana, after a conviction, their driver’s license will be revoked, and they will face steep fines and maybe even jail time.
Attorney for Marijuana Possession Charges in Helena, MT
If you were arrested for a marijuana offense 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 marijuana laws and is ready to represent you if you were charged with a marijuana crime.
Greg represents residents in Lewis and Clark County, Missoula County, Gallatin County or other Montana Counties.
Possession of Marijuana
- 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
- More than 60 grams of marijuana: felony with a maximum of 5 years in jail and a maximum fine of $50,000
Read more about Possession of Marijuana here.
Sale of Marijuana
- Any amount with or without compensation: felony with a mandatory minimum of a year in jail and maximum of life in jail and a maximum fine of $50,000
- Sale from adult to minor: felony with a mandatory minimum of 2 years in jail and a maximum fine of $50,000/p
- Sale within 1000 feet of school grounds: felony with a mandatory minimum of 3 years in jail and maximum of life in jail and a maximum fine of $50,000
Cultivation of Marijuana
- 1 pound or less/ 30 plants or less: felony with a maximum of 10 years in jail and a maximum fine of $50,000
- More than 1 pound/ More than 30 plants: felony with maximum of 2 years to life in jail and a maximum fine of $50,000
Possession or Manufacture of Hashish
- 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
- More than 1 gram of hashish: felony with a maximum of 5 years in jail and a maximum fine of $1000
- Manufacturer of hashis: felony with a maximum of 10 years in jail and a maximum fine of $50,000
Possession of Marijuana Paraphernalia
- Possession or manufacture of paraphernalia: misdemeanor with a maximum of 6 months in jail and a maximum fine of $500
- Sale of paraphernalia to a person under 18 who is at least three years younger: misdemeanor with a maximum of 1 year in jail and a maximum fine of $1000
Driving Under the Influence of Marijuana
Montana law prohibits driving while impaired by marijuana or driving with an excessive concentration of marijuana which is considered a “per se” version of DUI. The DUI laws in Montana related to operating a vehicle with excessive marijuana concentration can be found at § 61-8-411, MCA. The statute prohibits driving under the following conditions:
- with blood levels of 5 ng/ml of Delta-9-Tetrahydrocannabinol or more, a driver is presumed to be too impaired to drive safely (effective October 1, 2013); or
- with sufficient evidence of impairment, a person can be convicted of DUI with a THC level below 5 ng/ml.
- The prohibition on driving with an excessive marijuana concentration applies to all commercial and non-commercial drivers, even for people properly registered as cardholders with Montana’s Marijuana Program.
Additional Resources
Montana Medical Marijuana – Visit NORML’s website to read more about medical marijuana use. Read more about qualifying conditions, possession limits, statutes in Montana associated with medical marijuana, and efforts to legalize marijuana in Montana.
Marijuana in Montana – Read more about Montana’s statistics on Marijuana arrests in the past years. Read more about penalties and sentences for marijuana possession along with the costs and trends of cannabis in Montana.
Finding a Marijuana Lawyer in Helena, Montana
If you were arrested for a marijuana offense in Montana, you should discuss your case confidentially with an experienced Montana criminal defense attorney.
Greg Beebe at Beebe Law Firm is prepared to assist you, no matter what criminal charges you face.
Our familiarity with the courts and the resources available for people accused of marijuana offenses may help you avoid the most serious criminal penalties and keep you out of jail.
Beebe Law Firm represents clients in Montana who have been charged with marijuana offenses. 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 (406) 442-3300.
