Back in 2004 Montana approved the medical use of cannabis to treat certain ailments and medical conditions. The measure was approved by 62% of Montana voters. Card-carrying patients are permitted to ingest, possess and cultivate their own cannabis. Montana permits the use of medical marijuana to treat any of the following conditions:
Montana's medical marijuana program states that patients/caregivers are not permitted to cultivate an amount greater than 4 mature (flowering) cannabis plants and 12 plants in the vegetative state. However, patients and their caregivers are restricted to possession of just 1 ounce of cannabis. Additionally, patients cannot combine their gardens to increase the amount of plants that may be cultivated, unless the patients are related by blood or are married.
For additional information on medical marijuana in Montana contact the Montana Department of Health and Human Services at www.dphhs.mt.gov/medicalmarijuana
Penalties for recreational use/possession/sale of marijuana in Montana range from moderate to severe. A first-time offender guilty of possessing less than 60 grams of marijuana will face a misdemeanor with up to 6 month jail time and $500 in fines. A second-time offender guilty of possessing the same amount will face a misdemeanor with up to 3 years incarceration and a $1,000 fine. Possessing an amount greater than 60 grams is a felony in Montana, punishable by 5 years and a $50,000 fine. Possession with intent to distribute any amount of cannabis is a felony that holds a maximum penalty of 20 years in prison and $50,000 in fines.
Sale of any amount in Montana is a felony offense that ranges from 1 year in prison to LIFE, depending on the amount. Fines are $50,000 for all offenses of sale or delivery. Sale or delivery of any amount from an adult to a minor is 2 years to LIFE in prison and is a felony offense. Any sale or delivery within 1,000 feet of a school is also a felony with 3 years to LIFE in prison. Note that the 1-year, 2-year and 3-year penalties are mandatory minimum sentences.
Cultivation of either 1 pound of marijuana or 30 plants is a felony, with up to 10 years in prison and a $50,000 fine. A second offense will result in a sentence of two times the amount served the first time and a $100,000 fine.