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. § 45-9-103

(2011)

Criminal possession with intent to distribute

(1) Except as provided in Title 50, chapter 46, a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101.

(2) A person convicted of criminal possession of an opiate, as defined in 50-32-101(19), with intent to distribute shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, except as provided in 46-18-222.

(3) A person convicted of criminal possession with intent to distribute not otherwise provided for in subsection (2) shall be imprisoned in the state prison for a term of not more than 20 years or be fined an amount not to exceed $50,000, or both.

(4) 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.

Opinions construing this section

30 opinions
2026 MT 56 Mar 17, 2026 Reversed
State v. Flores-Reyes
Majority by Katherine M Bidegaray · 5 to 0
a from the motel room. ¶7 The State initially charged Flores-Reyes with two counts of criminal possession of dangerous drugs with intent to distribute under § 45-9-103, MCA, and one count of felony theft. The information was later amended to add an additional count of criminal possession with intent to distribute. The theft count
2025 MT 288 Dec 16, 2025 Affirmed
State v. J. McKnight
Majority by Laurie McKinnon · 5 to 0
??s absence. The court cited 1 McKnight was also charged with Criminal Possession of Dangerous Drugs with the Intent to Distribute, a felony, in violation of § 45-9-103, MCA; Criminal Endangerment, a felony, in violation of § 45-5-207, MCA; Unlawful Possession of a Firearm by a Convicted Person, a felony, in violation of § 45-8-3
2025 MT 258 Nov 12, 2025 Reversed
State v. D. Pein
Majority by Laurie McKinnon · 6 to 1
”) entered into a plea agreement and pleaded guilty to one count of felony Criminal Possession of Dangerous Drugs with Intent to Distribute, in violation of § 45-9-103, MCA (2015)1 (hereinafter, “Count VI”), on July 6, 2017. Pursuant to the plea agreement, six other charges were dismissed with prejudice. Two remaining charges,
2025 MT 122 Jun 17, 2025 Affirmed in part, reversed in part
State v. N. Hunt
Majority by James Jeremiah Shea · 2 to 5
er tested positive for methamphetamine. ¶13 The State charged Hunt with criminal possession of dangerous drugs with the intent to distribute in violation of § 45-9-103, MCA. Hunt moved to suppress the State’s evidence as the product of an illegal extension and expansion of the initial traffic stop. After conducting a hearing, th
2024 MT 214 Sep 24, 2024 Affirmed
State v. J. Cleveland
Majority by Beth Baker · 5 to 0
raction began. ¶10 The State charged Cleveland in the District Court with two felony counts of criminal possession with intent to distribute in violation of § 45-9-103, MCA. Cleveland filed a motion to suppress and dismiss. Cleveland conceded that Officer Doyle acted as a community caretaker when he approached Cleveland’s vehicl
Official Annotations archive.org, 2011 edition
History:
En. 54-133.1 by Sec. 1, Ch. 545, L. 1975
Amd. Sec. 3, Ch. 584, L. 1977
R.C.M. 1947, 54-133.1
Amd. Sec. 7, Ch. 198, L. 1981
Amd. Sec. 18, Ch. 3, L. 1985
Amd. Sec. 1, Ch. 162, L. 1987
Amd. Sec. 12, Ch. 432, L. 1999 (HB 203 - Shockley, Jim (R) HD 61)
Amd. Sec. 89, Ch. 114, L. 2003 (SB 10 - Grimes, Duane (R) SD 20)
Amd. Sec. 13, I.M. No. 148, approved Nov. 2, 2004.
Source text on leg.mt.gov