Montana Heroin Laws
By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 04, 2025
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Federal and all state laws ban the sale and possession of heroin and other opium derivatives. Health professionals generally prescribe opioids to treat chronic and acute pain. For example, a doctor might prescribe oxycodone after surgery to help a person manage their pain.
The APA notes that opioids can cause the user to experience euphoria. At high enough doses, they can slow one's breathing such that it leads to death. Opioid overdoses have contributed to what one organization calls the "drug overdose crisis in the United States."
If someone has charged you with a drug crime, contact a local attorney right away.
Heroin is a synthetic opium derivative and is a Schedule I drug under Montana law. In the state of Montana, possessing and selling heroin, fentanyl, and other opioids carries severe criminal penalties. Generally, the criminal penalties depend on the following:
- The crime committed
- The type of drug involved
- The amount of drugs involved
- The defendant's prior criminal history
Montana classifies most controlled substances into five different schedules. Schedule I drugs are those that have the highest potential for abuse and no accepted medical use. They also generally carry the most severe criminal penalties.
The state classifies 57 opiates, 23 opium derivatives, and several different strands of fentanyl as Schedule I controlled substances. It classifies 29 types of opium and opiates as Schedule II drugs, putting those in the same classification as methamphetamine. Note that Montana law classifies all drugs listed in Schedules I through V (5) as "dangerous drugs." (MCA § 50-32-101(6))
This article offers an overview of Montana's laws on opiates and opioids like heroin and fentanyl. It begins with a chart that provides an easy-to-reference guide to the state's laws. The article then provides more information about drug courts and concludes with a list of related resources.
Montana Heroin, Opiates, and Opioids Laws: Overview
The following table lists Montana's laws on opiates and opioids. Visit FindLaw's Drug Charges section for more articles and resources.
Code section | Montana Code Annotated (MCA) Title 45, Chapter 9 — Dangerous Drugs
MCA Title 50, Chapter 32 — Controlled Substances |
---|---|
Possession | A person who possesses a dangerous drug in an amount greater than the law permits or for which Title 16, Chapter 12 does not permit a penalty commits criminal possession of dangerous drugs. (§ 45-9-102(1)) If convicted, the defendant faces up to five years and a fine of up to $5,000. (§ 45-9-102(2)). A person convicted of their first drug offense under this section is presumably entitled to a deferred imposition of the sentence of imprisonment. (§ 45-9-102(3)) |
Sale | Any person who sells, barters, exchanges, gives away, or offers to do those things with a dangerous drug commits the offense of criminal sale of dangerous drugs (except as listed in Title 16, Chapter 12). (§ 45-9-101(1)) If convicted, the defendant faces up to five years and a fine of up to $5,000. (§§ 45-9-101(2)); (45-9-102(2)). A person convicted of their first drug offense under this section is presumably entitled to a deferred imposition of the sentence of imprisonment. (§ 45-9-102(3)) But, the following circumstances can result in more severe criminal penalties:
This section does not apply to practitioners or their agents who act in their professional practice. (§ 45-9-101(6)) |
Possession with intent to sell | Except as provided in Title 16, Chapter 12, a person who possesses a dangerous drug in an amount greater than allowed or for which a penalty is not specified and who has the intent to distribute the drug commits the offense of criminal possession with intent to distribute. (§ 45-9-103(1)) If convicted of criminal possession with intent to distribute fentanyl, the person faces a mandatory prison sentence of two years (up to 40 years) and a $50,000 fine. (§ 45-9-103(3)). If convicted of criminal possession with intent to distribute any dangerous drug other than fentanyl, the person faces a 20-year prison sentence and a $50,000 fine. (§ 45-9-103(2)) This section does not apply to practitioners or their agents who act in their professional practice. (§ 45-9-103(4)) |
Fraudulently getting dangerous drugs | A person who gets (or attempts to get) using any of the following methods commits the offense of fraudulently obtaining dangerous drugs:
If convicted, the following penalties apply:
|
Manufacturing crimes | A person who knowingly or purposely produces, manufactures, prepares, cultivates, compounds, or processes heroin, opioids, or opiates commits the offense of criminal production or manufacture of dangerous drugs. (§ 45-9-110(1)) If convicted, the person faces the following penalties:
This section does not apply to practitioners or their agents who act in their professional practice. (§ 45-9-110(4)) |
Criminal distribution of dangerous drugs on school property | Anyone who violates § 45-9-101 in, on, or within 1,000 feet of a school's real property commits the offense of criminal distribution of dangerous drugs on or near school property. (§ 45-9-109(1)) If convicted, the person faces the following criminal penalties:
It is not a defense to subsection (1) that the person did not know the distance between the commission of the crime and the school. (§ 45-9-109(3)) The following are affirmative defenses to a violation of § 45-9-109(1):
|
Extra penalty | A person convicted of storing or possessing a dangerous drug may face a fine of up to 35% of the market value of any drugs they unlawfully stored or possessed. (§ 45-9-130(1)) |
Note: State laws on illicit drugs often change through the state legislature's actions, high court decisions, and other means. Contact a Montana drug crime attorney or conduct your own research to verify the laws you are researching.
Drug Courts
Montana's drug courts seek to address the addiction-related issues that may lead to crimes. The goal of drug court is to "reduce recidivism and substance abuse among participants." Participants get drug abuse treatment, and there are incentives to pursue rehabilitation.
Montana has adult, family, and juvenile drug courts in multiple judicial districts. For more information, visit the Montana Judicial Branch's website.
Related Resources
Consider the links below for more information about Montana laws and drug crimes:
- Criminal Charges
- Criminal Rights
- Montana Law
- Montana Cocaine Laws
- Montana Criminal Law
- Montana Civil Statute of Limitations
- Montana Criminal Statute of Limitations
- Montana Marijuana Laws
- State Drug Possession Laws
- What is a Controlled Substance?
- What is Civil Asset Forfeiture?
Visit FindLaw's Details on State Heroin Laws for more information about other states' laws on opioids and opiates.
Facing Drug Charges? Contact an Attorney
Heroin charges are very serious because they can carry severe criminal punishment. Also, a wide variety of factors are involved in these cases, including the practices of your jurisdiction. If you find yourself accused of a crime involving illegal drugs, contact a Montana state drug crime attorney.
An experienced attorney can help explain the nature of drug crime laws in Montana. They can also offer specific legal advice for your case, such as:
- Whether a police officer's search of your motor vehicle that led to your arrest for possession of drug paraphernalia violated your Fourth Amendment rights
- Whether you can avoid jail time by accepting a plea deal that includes probation, community service, or participation in a treatment program
- The differences between a criminal prosecution under state or federal laws
If you face charges for a drug-related crime, contact an attorney today. They can help you navigate the criminal justice system and protect your rights.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex drug crimes usually require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
Get tailored legal advice and ask a lawyer questions. Many Montana attorneys offer free consultations for Drug Crime.
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