Montana Heroin Laws

Montana Code Annotated (MCA) Title 45, Chapter 9 — Dangerous Drugs

• MCA § 45-9-101 (Criminal sale of dangerous drugs)
• MCA § 45-9-102 (Criminal possession of dangerous drugs)
• MCA § 45-9-109 (Criminal distribution of dangerous drugs on school property)
• MCA § 45-9-110 (Criminal production or manufacture of dangerous drugs)

MCA Title 50, Chapter 32 — Controlled Substances

• MCA § 50-32-101 (Definitions)
• MCA § 50-32-222 (Schedule I controlled substances)
• MCA § 50-32-224 (Schedule II controlled substances)

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))

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:

• If the convicted person was an adult who distributed drugs to a minor, they face a prison term of up to 40 years and a fine of up to $50,000 for their first offense. For a second or subsequent offense, they face up to a life sentence and a fine of up to $50,000. (§ 45-9-101(4)(a)-(b))
• If the offense results in the death of a person from the use of the drugs distributed, the convicted person faces up to a 100-year prison sentence and a fine of up to $100,000. (§ 45-9-101(5))
• If the drugs distributed were fentanyl, carfentanil, sufentanil, alfentanil, or a fentanyl derivative, and the convicted person possessed or distributed a mixture containing one or more of those substances in a combined amount greater than 100 pills or a combined weight of greater than 10 grams, they face a mandatory minimum sentence of two years (up to 40 years) and a fine of up to $50,000. (§ 45-9-101(6))
• A person convicted of criminal distribution of dangerous drugs not otherwise provided for in subsections (1), (2), (4), (5), or (6) faces a prison sentence of up to 25 years and up to a $50,000 fine. (§ 45-9-101(3))

This section does not apply to practitioners or their agents who act in their professional practice. (§ 45-9-101(6))

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))

A person who gets (or attempts to get) using any of the following methods commits the offense of fraudulently obtaining dangerous drugs:

• Through the use of fraud, deceit, misrepresentation, or subterfuge. (§ 45-9-104(1))
• Falsely assuming the title of, or representing themselves as, a manufacturer, wholesaler, practitioner, pharmacist, pharmacy owner, or other person authorized to possess such drugs. (§ 45-9-104(2))
• Using a forged, altered, or fake prescription. (§ 45-9-104(3))
• Using a fake name or address on a prescription. (§ 45-9-104(4))
• Concealing a material fact. (§ 45-9-104(5))
• Knowingly or purposefully failing to tell a practitioner that they received the same or similar dangerous drug or prescription from another source within the past 30 days. (§ 45-9-104(6))
• Knowingly or purposefully communicating false or incomplete information to a practitioner with the intent to get the administration or a prescription for a dangerous drug. (§ 45-9-104(7))

If convicted, the following penalties apply:

• First offense: Mandatory minimum sentence of one year in state prison, up to five years, and a $50,000 fine. (§ 45-9-106(2)(a))
• Second offense: Mandatory minimum sentence of five years in state prison, up to 10 years, and a $50,000 fine. (§ 45-9-106(2)(b))

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:

• Up to 25 years of imprisonment in state prison and a fine of up to $50,000. (§ 45-9-110(2))

This section does not apply to practitioners or their agents who act in their professional practice. (§ 45-9-110(4))

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:

• Mandatory minimum sentence of imprisonment of three years in state prison (§ 45-9-109(2)(a)) and
• A fine of up to $50,000. (§ 45-9-109(2)(b))

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):

• The person committed the prohibited acts entirely within a private home (§ 45-9-109(4)(a)) and
• No minors (i.e., 17 years of age or younger) were in the private home during the offense. (§ 45-9-109(4)(b))

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))