Montana Code Annotated 2023

TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 1. Offenses Involving Dangerous Drugs

Criminal Possession With Intent To Distribute

45-9-103. Criminal possession with intent to distribute. (1) Except as provided in Title 16, chapter 12, 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 in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12.

(2) Except as provided in subsection (3), a person convicted of criminal possession with intent to distribute 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.

(3) A person convicted of criminal possession with intent to distribute fentanyl 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.

(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.

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; amd. Sec. 89, Ch. 114, L. 2003; amd. Sec. 13, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 3, Ch. 135, L. 2013; amd. Sec. 21, Ch. 321, L. 2017; amd. Sec. 43, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 71, Ch. 576, L. 2021; amd. Sec. 2, Ch. 543, L. 2023.