Montana Code Annotated 2023

TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 1. Offenses Involving Dangerous Drugs

Criminal Possession Of Toxic Substance -- Penalty

45-9-121. Criminal possession of toxic substance -- penalty. (1) A person commits the offense of criminal possession of a toxic substance if the person inhales or ingests or possesses with the purpose to inhale or ingest, for the purpose of altering the person's mental or physical state, any substance with toxic effects that is not manufactured for human consumption or inhalation, including but not limited to glue, fingernail polish, paint and paint thinners, petroleum products, aerosol propellants, and chemical solvents.

(2) The provisions of subsection (1) do not apply to a bona fide institution of higher education conducting research with human volunteers pursuant to guidelines adopted by the institution or any federal or state agency.

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

(4) The youth court has jurisdiction of any violation of subsection (1) by a person under 18 years of age.

History: En. Sec. 1, Ch. 482, L. 1983; amd. Sec. 1724, Ch. 56, L. 2009.