A conviction for simple possession carries a maximum penalty of up to five years in jail and a penalty of up to $5,000. However, Montana law is unique in that first-time offenders are “presumed to be entitled to a deferred imposition of sentence of imprisonment.” This means that if you do not have a prior drug conviction, the court will assume that a jail sentence is not appropriate. However, prosecutors may attempt to rebut this presumption if they believe that a jail sentence is appropriate.