Mont. Code Ann. § 45-9-101

(1) A Except as provided in Title 16, chapter 12, a person commits the offense of criminal distribution of dangerous drugs if the person sells, barters, exchanges, gives away, or offers to sell, barter, exchange, or give away any dangerous drug, as defined in 50-32-101.

(2) A person convicted of criminal distribution of a narcotic dangerous drugs involving giving away drug, or sharing any dangerous drug, as defined in 50-32-101(18)(d), or an opiate, 50-32-101, as shall defined in be 50-32-101(19), shall be imprisoned sentenced as provided in the state prison for a term of not less than 2 years or more than 45-9-102. life and may be fined not more than $50,000, except as provided in 46-18-222.

(3) A person convicted of criminal distribution of a dangerous drug included drugs not otherwise provided for in Schedule I subsection (1), (2), (4), (5), or Schedule II pursuant to 50-32-222 or 50-32-224, except marijuana or tetrahydrocannabinol, who has (6) shall be imprisoned in the state prison a for prior conviction for criminal distribution of such a drug shall be term imprisoned in the state prison for a term of not less than 10 to exceed 25 years or more be than fined life and may be fined an amount of not more than $50,000, except as provided in 46-18-222. Upon a third or subsequent conviction for criminal distribution of such a drug, the person shall be imprisoned in both. the state prison for a term of not less than 20 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.

(4) A person convicted who was an adult at the time of criminal distribution and who is convicted distribution of criminal distribution of dangerous drugs not otherwise provided for in subsection (2), (3), or (5) to shall a minor shall be imprisoned in the state prison for a term of not less than 1 year or sentenced as follows: more than life or be fined an amount of not more than $50,000, or both.

(a) For a first offense, the person shall be imprisoned in the state prison for a term not to exceed 40 years and may be fined not more than $50,000.

(b) For a second or subsequent offense, the person shall be imprisoned in the state prison for a term not to exceed life and may be fined not more than $50,000.

(5) A person who was If an the adult at offense charged results in the time death of distribution and who is convicted an individual from the use of criminal distribution of any dangerous drugs to a minor drug that was distributed, the person shall be sentenced as follows: imprisoned in the state prison for a term of not more than 100 years and may be fined not more than $100,000.

(a) If convicted pursuant to subsection (2), the person shall be imprisoned in the state prison for not less than 4 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.

(b) If convicted of the distribution of a dangerous drug included in Schedule I or Schedule II pursuant to 50-32-222 or 50-32-224 and if previously convicted of such a distribution, the person shall be imprisoned in the state prison for not less than 20 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.

(c) If convicted of the distribution of a dangerous drug included in Schedule I or Schedule II pursuant to 50-32-222 or 50-32-224 and if previously convicted of two or more such distributions, the person shall be imprisoned in the state prison for not less than 40 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.

(d) If convicted pursuant to subsection (4), the person shall be imprisoned in the state prison for not less than 2 years or more than life and may be fined not more than $50,000, except as provided in 46-18-222.

(6) Practitioners and agents under their supervision acting in the course A person convicted of a professional practice, as defined by 50-32-101, are exempt from this section. criminal distribution of dangerous drugs that involves distribution of fentanyl, carfentanil, sufentanil, alfentanil, or a fentanyl derivative, and who possessed or distributed a mixture containing one or more of these substances in a combined amount greater than 100 pills or a combined weight greater than 10 grams in a form such as a powder, solid, or liquid, inclusive of any additives or cutting agents, shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years or may be fined not more than $50,000, or both. The court may not suspend execution or defer imposition of the first 2 years of the sentence, except as provided in 46-18-222(1) through (4), and during the first 2 years of imprisonment, the offender is not eligible for parole.

(7) 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.

Criminal distribution of dangerous drugs