Montana Heroin Laws

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 § 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)
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:

  • 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))

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:

  • 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))
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:

  • 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))

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:

  • 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))
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:

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:

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.

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