Legal Status of drugs in Montana

All of the drugs on our Drug Information page, with the exception of Alcohol, Tobacco, and (as of 2021) Cannabis, are considered “dangerous drugs” in the state of Montana. If one is found to be in possession of any of these drugs they are subject to criminal charges as discussed in Montana Code Annotated 45-9-102: Criminal Possession of Dangerous Drugs.

Alcohol and Tobacco are legal to purchase over the counter if you are over the age of 21. Criminal sanctions such as DUIs (Driving Under the Influence) can occur when misusing Alcohol when one is operating a motor vehicle while over the legal limit of Blood Alcohol Content (BAC) (0.08% BAC in Montana). This is discussed in further detail in MCA Title 16.

A comprehensive list of all drug-related offenses in Montana can be found here, including distribution of dangerous drugs, possession with intent to distribute dangerous drugs, fraudulently obtaining dangerous drugs, and much more.

All of the below information is pulled directly from the verbiage of Montana Code Annotated 45-9-102: Criminal Possession of Dangerous Drugs and Montana Code Annotated 50-32-101: Controlled Substances - Definitions.

Subsection (6) of part 1 of MCA 50-32-101 indicates that: “"Dangerous drug" means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2.”

A comprehensive list of drugs/substances/immediate precursors of Schedules I through V is available on the Drug Enforcement Administrations website.

(1) Except as provided in 50-32-609 (Good Samaritan Protections) , 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 not to exceed $500.

(a) A person convicted of a second offense under this subsection (2) shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(b) A person convicted of a third or subsequent offense under this subsection (2) shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.

(c) This subsection does not apply to the possession of synthetic cannabinoids listed as dangerous drugs in 50-32-222.

(3) A person convicted of criminal possession of dangerous drugs not otherwise provided for in subsection (1) or (2) shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.

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

(5) Ultimate users and 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.