Table of Contents TITLE 45. CRIMES CHAPTER 9. DANGEROUS DRUGS Part 1. Offenses Involving Dangerous Drugs
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31 45-9-101 98 45-9-102 30 45-9-103 2 45-9-104 45-9-105 1 45-9-106 1 45-9-107 45-9-108 45-9-109 3 45-9-110 45-9-111 45-9-112 1 45-9-113 45-9-114 45-9-115 45-9-116 45-9-121 45-9-125 45-9-127 7 45-9-130 45-9-131 6 45-9-132

Mont. Code Ann. § 45-9-102

(2001)

Criminal possession of dangerous drugs

(1) A person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101.

(2) A person convicted of criminal possession of marijuana or its derivatives in an amount the aggregate weight of which does not exceed 60 grams of marijuana or 1 gram of hashish is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 6 months. The minimum fine must be imposed as a condition of a suspended or deferred sentence. A person convicted of a second or subsequent offense under this subsection is punishable by a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 1 year or in the state prison for a term not to exceed 3 years or both such fine and imprisonment.

(3) A person convicted of criminal possession of an anabolic steroid as listed in 50-32-226 is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for not more than 6 months, or both.

(4) A person convicted of criminal possession of an opiate, as defined in 50-32-101(19), shall be imprisoned in the state prison for a term of not less than 2 years or more than 5 years and may be fined not more than $50,000, except as provided in 46-18-222.

(5) A person convicted of criminal possession of dangerous drugs not otherwise provided for in subsection (2), (3), or (4) shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $50,000, or both.

(6) A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.

(7) Ultimate users and practitioners and agents under their supervision acting in the course of a professional practice, as defined by 50-32-101, are exempt from this section.

Opinions construing this section

98 opinions
2026 MT 199N Aug 18, 2026 Reversed
State v. C. Lane
Majority by Jim Rice · 5 to 0
nd Montana Reports. ¶2 Charles G. Lane appeals his judgment of conviction, entered after a jury trial, of criminal possession of dangerous drugs pursuant to § 45-9-102, MCA. Lane challenges the sufficiency of the evidence to support his conviction and the failure of the judgment to provide credit for time served in the amount of 1
2026 MT 103N May 12, 2026 Affirmed in part, reversed in part
State v. Snyder
Majority by Katherine M. Bidegaray · 5 to 0
e in accordance with this Opinion. ¶4 In January 2022, the State charged Snyder by information with one count felony criminal possession of dangerous drugs, § 45-9-102, MCA; one count misdemeanor criminal possession of drug paraphernalia, § 45-10-103, MCA; one count misdemeanor driving without vehicle insurance, § 61-6-301, MCA;
2026 MT 49 Mar 10, 2026 Affirmed
State v. J. Standifur
Majority by Katherine M. Bidegaray · 5 to 0
ter County, denying his motion to dismiss Count I of the Information charging him with criminal possession of dangerous drugs, methamphetamine, in violation of § 45-9-102(1), MCA. Standifur contends that after he entered his guilty plea to Count II, criminal possession of drug paraphernalia in violation of § 45-10-103, MCA, Montana’s
2026 MT 36N Feb 24, 2026 Affirmed
State v. Bunse
Majority by Katherine M. Bidegaray · 5 to 0
nse appeals from his bench-trial conviction in the Fifth Judicial District Court, Jefferson County, for Criminal Possession of Dangerous Drugs in violation of § 45-9-102, MCA. The sole issue on appeal is whether the evidence was sufficient to support the conviction. ¶3 We review a claim challenging the sufficiency of the evidence
2026 MT 13 Feb 3, 2026 Affirmed
State v. G. West
Majority by Beth Baker · 4 to 3
e charged West with one count of robbery (§ 45-5-401(1)(b), MCA), aggravated kidnapping (§ 45-5-303(1)(b), MCA), and criminal possession of dangerous drugs (§ 45-9-102, MCA). 4 Although all three pharmacy employees were present during the robbery, the State charged West with robbing and kidnapping only Sunde. The Eleventh Jud
Official Annotations archive.org, 2001 edition
History:
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
Source text on leg.mt.gov