Understanding Drug Possession Penalties in Montana

Drug possession in Montana carries significant penalties that vary based on the type and amount of the controlled substance, as well as the individual’s criminal history. Understanding these penalties and the legal strategies available can be crucial for anyone facing such charges.

Montana classifies controlled substances into schedules, from Schedule I (high potential for abuse, no accepted medical use) to Schedule V (lower potential for abuse, accepted medical use). Here is a detailed breakdown of each schedule:

Schedule I

Characteristics: High potential for abuse, no accepted medical use, and lack of accepted safety for use under medical supervision.

Examples:

• Heroin: Highly addictive opioid with no accepted medical use.
• LSD (Lysergic acid diethylamide): A powerful hallucinogenic drug.
• Ecstasy (MDMA): Known for its stimulant and hallucinogenic properties.
• Penalties: Possession of Schedule I substances typically results in severe penalties due to their high potential for abuse and lack of medical benefits.

Schedule II

Characteristics: High potential for abuse, with use potentially leading to severe psychological or physical dependence. However, these drugs have accepted medical uses with severe restrictions.

Examples:

• Cocaine: A powerful stimulant with limited medical applications.
• Methamphetamine: A highly addictive stimulant, sometimes used in limited medical treatments.
• Oxycodone: A prescription opioid used to treat severe pain but has a high potential for addiction.
• Penalties: Possession of Schedule II drugs can result in heavy fines and lengthy imprisonment, reflecting their potential for severe dependence and abuse.

Schedule III

Characteristics: Moderate to low potential for physical and psychological dependence, with accepted medical uses.

Examples:

Ketamine: An anesthetic that also has hallucinogenic properties.

Anabolic Steroids: Used medically for muscle growth but often abused for performance enhancement.

Penalties: Possession of Schedule III substances can still result in significant penalties and punishment, depending on the facts of the case. However, if the amounts are just for “personal use” and there is no evidence of dealing the drugs, typically a conviction results in more moderate penalties, balancing their medical uses with the potential for abuse.

Schedule IV

Characteristics: Low potential for abuse relative to Schedule III drugs, with accepted medical uses.

Examples:

• Xanax (Alprazolam): Used to treat anxiety and panic disorders.
• Valium (Diazepam): Used to treat anxiety, muscle spasms, and seizures.
• Penalties: Possession of Schedule IV drugs sometimes incurs lighter penalties compared to higher schedules, considering their lower abuse potential. However, individuals that are convicted of illegally distributing these drugs can still face very severe sentences. 

Schedule V

Characteristics: Lower potential for abuse than Schedule IV drugs, with accepted medical uses. These often include preparations with limited quantities of certain narcotics.

Examples:

• Cough preparations with less than 200 milligrams of codeine: Used to treat mild to moderate pain or as a cough suppressant.
• Penalties: Typically you do not see these types of cases charged.

The penalties for possession of drugs in Montana can be severe and depend on several factors:

Penalties for Possession of Dangerous Drugs under Mont. Code Ann. Section, 45-9-102, 2023, includes fines up to $5,000 and imprisonment for up to 5 years. However, first time offenders are presumed eligible for a deferred imposition of sentence. 

Quantity of Drugs: Possession of larger quantities, particularly those suggesting intent to distribute, can elevate charges and include even harsher penalties.

Challenging the Evidence

An experienced attorney will scrutinize the evidence presented by the prosecution. This includes examining how the drugs were discovered and whether proper procedures were followed. Illegal search and seizure can result in evidence being inadmissible.

Plea Bargains

In cases where the evidence against the defendant is strong, negotiating a plea bargain can be beneficial. A plea bargain may involve pleading guilty to a lesser charge in exchange for reduced penalties. For instance, opting for probation and drug treatment instead of jail time.

Drug Diversion Programs

Montana offers drug diversion programs as an alternative to incarceration. These programs focus on rehabilitation rather than punishment and are typically available for non-violent offenders. Successful completion can lead to reduced charges or even dismissal of the case.

Extenuating Circumstances

Presenting evidence of extenuating circumstances can influence the outcome of a case. This might include demonstrating that the drugs were not intended for distribution, or that they were discovered in a shared space, raising doubt about ownership.

Navigating drug possession charges without professional legal help can be daunting. At Holloway & Hulling, we provide expert legal representation to ensure that your rights are protected throughout the legal process. Our attorneys are skilled in:

• Case Analysis: Reviewing the details of your case to identify the best defense strategy.
• Evidence Examination: Ensuring that any evidence against you is legally obtained and valid.
• Plea Negotiations: Working with prosecutors to secure the best possible outcome.
• Court Representation: Providing robust defense in court to challenge the prosecution’s case.

What is the Difference Between a Felony and a Misdemeanor Charge?

The primary difference lies in the severity of the penalties. Misdemeanors are less severe, often resulting in fines and short jail terms. Felonies carry more severe penalties, including longer imprisonment and higher fines.

Can Drug Possession Charges be Expunged?

In some cases, particularly for first-time offenders or those who complete a diversion program successfully, it is possible to have drug possession charges expunged from your record.

Is a Free Consultation Available?

Yes, Holloway & Hulling offers a free initial consultation to review your case and discuss your legal options.

Facing drug possession charges in Montana can be overwhelming, but with the right legal support, you can navigate the complexities of the legal system and work towards a favorable outcome. At Holloway & Hulling, we are dedicated to providing expert legal assistance to protect your rights and achieve the best possible results. Contact us today for a free consultation.

Need Help with Your Case?

For more information get in touch with our experienced attorneys and visit our drug possession attorney page.