Montana

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Initiative 148 (PDF 76KB) -- Approved by 62% of voters on Nov. 2, 2004
Effective: Nov. 2, 2004
Approved Conditions: Cancer, glaucoma, or positive status for HIV/AIDS, or the treatment of these conditions; a chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including seizures caused by epilepsy, or severe or persistent muscle spasms, including spasms caused by multiple sclerosis or Chrohn's disease; or any other medical condition or treatment for a medical condition adopted by the department by rule.
Possession/Cultivation: A qualifying patient and a qualifying patient's caregiver may each possess six marijuana plants and one ounce of usable marijuana. "Usable marijuana" means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana.
Not Amended

Application information for the Montana Medical Marijuana Program is available by mail, phone, email, and online:
Medical Marijuana Program
Montana Department of Health and Human Services
Licensure Bureau
2401 Colonial Drive, 2nd Floor
P.O. Box 202953
Helena, MT 59620-2953
Phone: 406-444-2676
medical.marijuana@state.co.us
Medical Marijuana Program
Fee:
$50

Source: State Medical Marijuana Laws

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Montana State Penalties
conditional mandatory medical hemp
Incarceration Fine
Possession
60 g or less (first offense) misdemeanor 6 months $100 - $500
60 g or less (subsequent offense) feolny 3 years $1,000
More than 60 g felony 20 years $50,000
Cultivation
1 lb or less felony 10 years $50,000
More than 1 lb (or more than 30 plants) felony 2 year MMS* - life $50,000
Subsequent offenses felony double penalty double penalty
*Mandatory minimum sentence.
Sale
Any amount felony 1 year - life $50,000
To a minor felony additional 2 years - life $50,000
Within 1,000 feet of school** felony additional 3 years - life $50,000
** That the person did not know the distance to a school may not be brought as a defense in court.
An affirmative defense may be raised if the conduct took place entirely within a private residence, and that no person under
17 years of age was present in the private residence at any time during the commission of the offense.

Miscellaneous

(paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession or sale misdemeanor 6 months $500

Any conviction requires dangerous drug information course.

Possible alternative sentencing instead of incarceration.

Details
Possession of 60 grams or less of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of $100 -
$500 for the first conviction. For subsequent convictions the penalties increase to up to three years in prison and a fine up
to $1,000. Possession of greater than 60 grams carries a sentence of up to 20 years in prison and a fine up to $50,000.
Production or manufacture of one pound or less of marijuana is punishable by up to 10 years in jail and a fine up to
$50,000. For amounts greater than one pound or more than 30 plants, the penalty includes a two-year mandatory
minimum sentence to life in prison and a fine up to $50,000. Subsequent convictions can double the possible sentence.
Sale or distribution of marijuana carries a penalty of 1 year - life in prison and a fine up to $50,000. Sale to a minor carries
an additional penalty of 2 years - life in prison and a fine up to $50,000. Any sale within 1,000 feet of a school also adds an
additional 3 years - life in prison and a fine up to $50,000.
All dangerous drug convictions require the offender to attend a dangerous drug information course. There is also the
possibility of alternative sentencing such as fines, drug treatment, community service or probation if the court feels that
incarceration is not warranted.
The penalty for possession or sale of paraphernalia is up to six months in jail and a fine up to $500.
Conditional release:

The state allows conditional release or alternative or diversion sentencing for people
facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After

successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence:

When someone is convicted of an offense punishable by a mandatory
minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher

sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A

prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even

peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
Medical marijuana:

This state has medical marijuana laws enacted. Modern research suggests that
cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief,

nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and

emerging research suggests that marijuana's medicinal properties may protect the body against some types of

malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
Hemp:

This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis
sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary

psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper,

paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more

information see NORML's Industrial Use section.
Also see Federal Laws
About this Report
NORML's State Guide to Marijuana Penalties outlines most penalties for prohibited marijuana conduct in the
50 states, the District of Columbia, and under federal law. To view the list of prohibited conduct and penalties,
click the map icon to the left to find your jurisdiction.
Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same
legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how
a particular conduct might be punished. If you spot an error or have information that should be included in
NORML's State Guide to Marijuana Penalties, please inform the NORML Foundation (foundation@norml.org).
Please note:

The guide does not list penalties for every marijuana offense nor every enhanced sentence such as
possessing marijuana near a school, involving a minor, and automatic driver's or professional license

suspension. Your state may require an enhanced sentence even if the enhancement is not in the

guide. Unless otherwise specified, please assume that listed penalties apply only to first convictions. Prior convictions often place a defendant in a higher penalty range, and convictions while on probation for a previous offense may result in revocation of probation. Except where indicated otherwise, a listed fine is the maximum fine for the conviction and the minimum fine is zero. "Possession" usually means "possessing marijuana only for personal use". If the government accuses

you of possessing marijuana for other reasons, the accompanying penalties will probably exceed

those for possessing marijuana for personal use. Possessing large amounts of marijuana frequently

results in more serious charges of "possession with intent to distribute" , "trafficking", and/or "sale".
Many factors contribute to a defendant's sentence. Factors include level of involvement in the

prohibited conduct, location, age, presence or absence of minors, use or presence of weapons,
conduct for which a person has been acquitted, and many other things.

If you are in trouble, please know your rights and hire an attorney.

Warning: The information contained in this report is for informational purposes only. Individuals are
encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer.

Source: Montana - NORML

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Finding a Doctor

Finding a doctor is the first and most important step in becoming a legal medical marijuana patient. ASA feels the safest and most responsible thing to do is to talk with your current doctor about medical marijuana. However, we understand that many doctors are unfamiliar with the medicine or are afraid of getting in trouble; and that health insurance is a luxury in the United States, so many patients do not have a regular doctor.
Talking with your current doctor
Be forthright with your doctor. There is nothing wrong with using medical marijuana or discussing it with your doctor. A federal court (9th Circuit) has ruled that, under the First Amendment, doctors may not be punished for recommending medical marijuana.
Ask for a written recommendation. Although an oral one is acceptable, it is difficult to verify. A written recommendation is much more helpful in defending oneself against criminal charges. Here is a sample doctor's recommendation and here is the form used by San Francisco Department of Health Services.
Be prepared to tell your doctor specifically what condition or symptoms you treat with marijuana. Honestly describe the amount of marijuana you use, how often, and by what delivery method.
When recommending quantities of marijuana for medicinal use, doctors may recommend a certain amount based on your need and experience with what works. If this amount is above the state minimum or local guidelines, doctors do not need to specify an amount; they only need to recommend that a patient requires more than the guideline amount for that jurisdiction to meet their medical need.
If your doctor will not issue a recommendation, you may want to visit a medical marijuana specialist.
If your doctor is completely unfamiliar with medical marijuana, she will be hesitant to recommend it, so bring documentation to support your argument. Our Condition-based Booklets or other research will be persuasive.

Source: ASA*:*Finding a Doctor
Main Site: ASA*:*Advancing Legal Medical Marijuana Therapeutics and Research

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MISSION STATEMENT

It is the policy of Caregivers of Montana to provide medicinal grade marijuana to its members at reasonable cost as recognized by the State of Montana, in a safe and professional setting for approved clients throughout the State of Montana.

Read Montana State Law

We assist in the filings on all paperwork and answer any questions posed by potential clients. We follow Montana law and there is NO DEVATION FROM THAT LAW under any circumstances.

Register for Montana Medical Marijuana Program

Caregivers of Montana assist Pain Management Clinics, Cancer Centers, HIV Clinics and Neurologists and General Practitioners to help improve the quality of life for suffering patients. Any certified physician and recognized by Montana law to be able to practice medicine in the state of Montana can recommend their patient to this program if the patient has a qualifying illness.

We welcome input from medical providers and open dialogue. We are available to meet with medical providers to answer any questions they or their patients may have.

We are currently seeking physicians who are interested in our hospice program.

Source : CareGivers of Montana