reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 4. Montana Street Terrorism Enforcement and Prevention Act › 45-8-407. Exceptions

45-8-407. Exceptions.
This part does not apply to employees engaged in lawful concerted activities for their mutual aid and protection or to the lawful activities of labor organizations or their members or agents.
History: En. Sec. 7, Ch. 285, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 4. Montana Street Terrorism Enforcement and Prevention Act › 45-8-408. Adoption of local regulations

45-8-408. Adoption of local regulations.
This part does not prevent a local government from adopting and enforcing ordinances or resolutions consistent with this part relating to criminal street gangs and criminal street gang violence.
History: En. Sec. 8, Ch. 285, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-102. Criminal possession of dangerous drugs

45-9-102. Criminal possession of dangerous drugs.
(1) Except as provided in Title 16, chapter 12, or 50-32-609, a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101, [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12.
(2) A person convicted of criminal possession of dangerous drugs shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.
(3) A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.
(4) Ultimate users and practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.
History: En. Sec. 5, Ch. 314, L. 1969; amd. Sec. 1, Ch. 228, L. 1971; amd. Sec. 26, Ch. 412, L. 1973; amd. Sec. 1, Ch. 174, L. 1974; amd. Sec. 2, Ch. 359, L. 1977; amd. Sec. 2, Ch. 584, L. 1977; R.C.M. 1947, 54-133; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 2, Ch. 612, L. 1983; amd. Sec. 17, Ch. 3, L. 1985; amd. Sec. 1, Ch. 42, L. 1991; amd. Sec. 1, Ch. 100, L. 2001; amd. Sec. 88, Ch. 114, L. 2003; amd. Sec. 12, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 2, Ch. 277, L. 2005; amd. Sec. 3, Ch. 156, L. 2011; amd. Sec. 2, Ch. 135, L. 2013; amd. Sec. 14, Ch. 253, L. 2017; amd. Sec. 20, Ch. 321, L. 2017; amd. Sec. 42, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 70, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-103. Criminal possession with intent to distribute

45-9-103. Criminal possession with intent to distribute.
(1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101 in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12.
(2) Except as provided in subsection (3), a person convicted of criminal possession with intent to distribute shall be imprisoned in the state prison for a term of not more than 20 years or be fined an amount not to exceed $50,000, or both.
(3) A person convicted of criminal possession with intent to distribute fentanyl shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years or may be fined not more than $50,000, or both. The court may not suspend execution or defer imposition of the first 2 years of the sentence, except as provided in 46-18-222(1) through (4), and during the first 2 years of imprisonment, the offender is not eligible for parole.
(4) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.
History: En. 54-133.1 by Sec. 1, Ch. 545, L. 1975; amd. Sec. 3, Ch. 584, L. 1977; R.C.M. 1947, 54-133.1; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 18, Ch. 3, L. 1985; amd. Sec. 1, Ch. 162, L. 1987; amd. Sec. 12, Ch. 432, L. 1999; amd. Sec. 89, Ch. 114, L. 2003; amd. Sec. 13, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 3, Ch. 135, L. 2013; amd. Sec. 21, Ch. 321, L. 2017; amd. Sec. 43, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 71, Ch. 576, L. 2021; amd. Sec. 2, Ch. 543, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-104. Fraudulently obtaining dangerous drugs

45-9-104. Fraudulently obtaining dangerous drugs.
A person commits the offense of fraudulently obtaining dangerous drugs if the person obtains or attempts to obtain a dangerous drug, as defined in 50-32-101, by:
(1) fraud, deceit, misrepresentation, or subterfuge;
(2) falsely assuming the title of or representing that the person is a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess dangerous drugs;
(3) the use of a forged, altered, or fictitious prescription;
(4) the use of a false name or a false address on a prescription;
(5) the concealment of a material fact;
(6) knowingly or purposefully failing to disclose to a practitioner, as defined in 50-32-101, that the person has received the same or a similar dangerous drug or prescription for a dangerous drug from another source within the prior 30 days; or
(7) knowingly or purposefully communicating false or incomplete information to a practitioner with the intent to procure the administration of or a prescription for a dangerous drug. A communication of this information for the purpose provided in this subsection is not a privileged communication.
History: En. Sec. 6, Ch. 314, L. 1969; amd. Sec. 3, Ch. 359, L. 1977; R.C.M. 1947, 54-134; amd. Sec. 1719, Ch. 56, L. 2009; amd. Sec. 2, Ch. 194, L. 2011.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-105. Altering labels on dangerous drugs

45-9-105. Altering labels on dangerous drugs.
(1) A person commits the offense of altering labels on dangerous drugs if the person affixes a false, forged, or altered label to or otherwise misrepresents a package or receptacle containing a dangerous drug, as defined in 50-32-101.
(2) The offense of altering labels on dangerous drugs includes falsely labeling or otherwise misrepresenting marijuana or a marijuana product, as those terms are defined in 16-12-102, as hemp, as defined in 80-18-101.
History: En. Sec. 7, Ch. 314, L. 1969; amd. Sec. 4, Ch. 359, L. 1977; R.C.M. 1947, 54-135; amd. Sec. 1720, Ch. 56, L. 2009; amd. Sec. 10, Ch. 746, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-106. Penalty for fraudulently obtaining dangerous drugs or altering labels of dangerous drugs

45-9-106. Penalty for fraudulently obtaining dangerous drugs or altering labels of dangerous drugs.
(1) A person convicted of altering labels on dangerous drugs shall be imprisoned in the county jail for a term not to exceed 6 months.
(2) A person convicted of fraudulently obtaining dangerous drugs included in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V in 50-32-222, 50-32-224, 50-32-226, 50-32-229, or 50-32-232 shall:
(a) upon a first conviction be imprisoned in the state prison for a term of not less than 1 year or not more than 5 years or be fined an amount not to exceed $50,000, or both;
(b) upon a second conviction be imprisoned in the state prison for a term of not less than 5 years or not more than 10 years or be fined an amount not to exceed $50,000, or both.
History: En. Sec. 8, Ch. 314, L. 1969; R.C.M. 1947, 54-136; amd. Sec. 1, Ch. 389, L. 1981; amd. Sec. 1, Ch. 179, L. 1991; amd. Sec. 1721, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-107. Criminal possession of precursors to dangerous drugs

45-9-107. Criminal possession of precursors to dangerous drugs.
(1) Except as provided in 50-32-609, a person commits the offense of criminal possession of precursors to dangerous drugs if:
(a) the person possesses any material, compound, mixture, or preparation that contains any combination of the following with intent to manufacture dangerous drugs:
(i) phenyl-2-propanone (phenylacetone);
(ii) piperidine in conjunction with cyclohexanone;
(iii) ephedrine;
(iv) lead acetate;
(v) methylamine;
(vi) methylformamide;
(vii) n-methylephedrine;
(viii) phenylpropanolamine;
(ix) pseudoephedrine;
(x) anhydrous ammonia;
(xi) hydriodic acid;
(xii) red phosphorus;
(xiii) iodine in conjunction with ephedrine, pseudoephedrine, or red phosphorus;
(xiv) lithium in conjunction with anhydrous ammonia; or
(b) the person knowingly possesses anhydrous ammonia for the purpose of manufacturing dangerous drugs.
(2) A person convicted of criminal possession of precursors to dangerous drugs shall be imprisoned in the state prison for a term not less than 2 years or more than 20 years or be fined an amount not to exceed $50,000, or both.
History: En. Sec. 1, Ch. 291, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 202, L. 1989; amd. Sec. 1, Ch. 24, L. 1999; amd. Sec. 2, Ch. 137, L. 2005; amd. Sec. 15, Ch. 253, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-108. Exemptions

45-9-108. Exemptions.
(1) The provisions of 45-9-107 do not apply to:
(a) a drug manufacturer licensed by the state;
(b) a person authorized by rules adopted by the board of pharmacy to possess the combination of substances;
(c) a person employed by or enrolled as a student in a college or university within the state who possesses any combination of substances listed in 45-9-107 for the purposes of teaching or research that is authorized by the college or university.
(2) The board of pharmacy shall adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act to authorize the processing of any combination of the substances listed in 45-9-107 whenever it determines that there is a legitimate need and that the substances will be used for a lawful purpose.
(3) The provisions of 45-9-102, 45-9-103, and 45-9-110 do not apply to 80-18-102.
History: En. Secs. 2, 3, Ch. 291, L. 1979; amd. Sec. 171, Ch. 575, L. 1981; amd. Sec. 1, Ch. 247, L. 1983; amd. Sec. 8, Ch. 360, L. 2001.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-109. Criminal distribution of dangerous drugs on or near school property -- penalty -- affirmative defense

45-9-109. Criminal distribution of dangerous drugs on or near school property -- penalty -- affirmative defense.
(1) A person commits the offense of criminal distribution of dangerous drugs on or near school property if the person violates 45-9-101 in, on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school.
(2) Except as provided in 46-18-222, a person convicted of criminal distribution of dangerous drugs on or near school property:
(a) shall be imprisoned in the state prison for a term of not less than 3 years or more than life; and
(b) may be fined an amount of not more than $50,000.
(3) It is not a defense to prosecution under subsection (1) that the person did not know the distance involved.
(4) It is an affirmative defense to prosecution for a violation of this section that:
(a) the prohibited conduct took place entirely within a private residence; and
(b) no person 17 years of age or younger was present in the private residence at any time during the commission of the offense.
History: En. Sec. 1, Ch. 519, L. 1991; amd. Sec. 13, Ch. 432, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-110. Criminal production or manufacture of dangerous drugs

45-9-110. Criminal production or manufacture of dangerous drugs.
(1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal production or manufacture of dangerous drugs if the person knowingly or purposely produces, manufactures, prepares, cultivates, compounds, or processes a dangerous drug, as defined in 50-32-101.
(2) A person convicted of criminal production or manufacture of dangerous drugs, as defined in 50-32-101, shall be imprisoned in the state prison for a term of not more than 25 years and may be fined an amount not to exceed $50,000.
(3) A person convicted of production of marijuana or tetrahydrocannabinol in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12, or manufacture without the appropriate license pursuant to Title 16, chapter 12, shall be imprisoned in the state prison for a term of not more than 5 years and may be fined an amount not to exceed $5,000, except that if the total weight is more than a pound or the number of plants is more than 30, the person shall be imprisoned in the state prison for a term of not more than 25 years and may be fined an amount not to exceed $50,000. "Weight" means the weight of the dry plant and includes the leaves and stem structure but does not include the root structure.
(4) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.
History: En. Sec. 1, Ch. 448, L. 1993; amd. Sec. 90, Ch. 114, L. 2003; amd. Sec. 14, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 4, Ch. 156, L. 2011; amd. Sec. 4, Ch. 135, L. 2013; amd. Sec. 22, Ch. 321, L. 2017; amd. Sec. 44, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 72, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-111. Imitation dangerous drugs -- definitions

45-9-111. Imitation dangerous drugs -- definitions.
As used in 45-9-111 through 45-9-116 and 45-9-202, the following definitions apply:
(1) "Dangerous drug" has the meaning given to that term in 50-32-101.
(2) "Imitation dangerous drug" means a substance that is not a dangerous drug but that is expressly or impliedly represented to be a dangerous drug or to simulate the effect of a dangerous drug and the appearance of which, including the color, shape, size, and markings, would lead a reasonable person to believe that the substance is a dangerous drug.
(3) "Person" includes any individual, business association, partnership, or corporation.
History: En. Sec. 1, Ch. 451, L. 1983; amd. Sec. 19, Ch. 3, L. 1985.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-112. Criminal distribution of imitation dangerous drug -- penalty

45-9-112. Criminal distribution of imitation dangerous drug -- penalty.
(1) A person commits the offense of criminal distribution of an imitation dangerous drug if the person knowingly or purposely sells, barters, exchanges, gives away, or offers to sell, barter, exchange, or give away any imitation dangerous drug.
(2) A person convicted of criminal distribution of an imitation dangerous drug to a person 18 years of age or older shall be imprisoned in the state prison for a term of not more than 5 years and may be fined not more than $50,000.
(3) A person convicted of criminal distribution of an imitation dangerous drug to a person under the age of 18 shall be imprisoned in the state prison for a term of not more than 10 years and may be fined not more than $50,000.
History: En. Sec. 2, Ch. 451, L. 1983; amd. Sec. 14, Ch. 432, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-113. Criminal possession of imitation dangerous drug with the purpose to distribute -- penalty

45-9-113. Criminal possession of imitation dangerous drug with the purpose to distribute -- penalty.
(1) A person commits the offense of criminal possession of an imitation dangerous drug with the purpose to distribute if the person possesses with the purpose to distribute any imitation dangerous drug.
(2) A person convicted of criminal possession of an imitation dangerous drug with the purpose to distribute shall be imprisoned in the state prison for a term of not more than 5 years and may be fined not more than $50,000.
(3) A person under 18 years of age convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence.
History: En. Sec. 3, Ch. 451, L. 1983; amd. Sec. 15, Ch. 432, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-114. Criminal advertisement of imitation dangerous drug -- penalty

45-9-114. Criminal advertisement of imitation dangerous drug -- penalty.
(1) A person commits the offense of criminal advertisement of an imitation dangerous drug if the person knowingly or purposely places in any newspaper, magazine, handbill, or other publication or posts or distributes any advertisement or solicitation to promote the manufacture, sale, exchange, or distribution of an imitation dangerous drug.
(2) A person convicted of criminal advertisement of an imitation dangerous drug under this section is punishable by a fine not to exceed $100,000 or by imprisonment in the state prison for a term of not more than 10 years, or both.
History: En. Sec. 4, Ch. 451, L. 1983; amd. Sec. 1722, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-115. Criminal manufacture of imitation dangerous drug -- penalty

45-9-115. Criminal manufacture of imitation dangerous drug -- penalty.
(1) A person commits the offense of criminal manufacture of an imitation dangerous drug if the person knowingly or purposely manufactures, prepares, or cultivates any imitation dangerous drug.
(2) A person convicted of criminal manufacture of an imitation dangerous drug is punishable by a fine not to exceed $100,000 or by imprisonment in the state prison for a term of not more than 10 years, or both.
History: En. Sec. 5, Ch. 451, L. 1983; amd. Sec. 1723, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-116. Imitation dangerous drugs -- exemptions -- rules

45-9-116. Imitation dangerous drugs -- exemptions -- rules.
(1) Sections 45-9-111 through 45-9-115 do not apply to:
(a) a person authorized by rules adopted by the board of pharmacy to possess with purpose to sell or sell imitation dangerous drugs;
(b) law enforcement personnel selling or possessing with purpose to sell imitation dangerous drugs while acting within the scope of their employment; and
(c) a person registered under the provisions of Title 50, chapter 32, part 3, who sells, or possesses with purpose to sell an imitation dangerous drug for use as a placebo, by that person or any other person so registered, in the course of professional practice or research.
(2) The board of pharmacy shall adopt, amend, or repeal rules in accordance with the Montana Administrative Procedure Act to authorize the possession with purpose to sell or sale of imitation dangerous drugs whenever it determines that there is a legitimate need and that the drugs will be used for a lawful purpose.
History: En. Sec. 6, Ch. 451, L. 1983; amd. Sec. 1, Ch. 247, L. 1983; amd. Sec. 20, Ch. 3, L. 1985.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-121. Criminal possession of toxic substance -- penalty

45-9-121. Criminal possession of toxic substance -- penalty.
(1) A person commits the offense of criminal possession of a toxic substance if the person inhales or ingests or possesses with the purpose to inhale or ingest, for the purpose of altering the person's mental or physical state, any substance with toxic effects that is not manufactured for human consumption or inhalation, including but not limited to glue, fingernail polish, paint and paint thinners, petroleum products, aerosol propellants, and chemical solvents.
(2) The provisions of subsection (1) do not apply to a bona fide institution of higher education conducting research with human volunteers pursuant to guidelines adopted by the institution or any federal or state agency.
(3) A person convicted under this section shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both.
(4) The youth court has jurisdiction of any violation of subsection (1) by a person under 18 years of age.
History: En. Sec. 1, Ch. 482, L. 1983; amd. Sec. 1724, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-125. Continuing criminal enterprise -- penalty

45-9-125. Continuing criminal enterprise -- penalty.
(1) A person who engages in a continuing criminal enterprise is guilty of a crime and upon conviction is punishable by a term of imprisonment and a fine not exceeding two times those authorized for the underlying offense. For purposes of this subsection, a person is engaged in a continuing criminal enterprise if:
(a) the person violates any provision of this chapter that is a felony; and
(b) the violation is a part of a continuing series of two or more violations of this chapter on separate occasions:
(i) that are undertaken by the person in concert with five or more other persons with respect to whom the person occupies a position of organizer, supervisor, or any other position of management; and
(ii) from which the person obtained substantial income or resources.
(2) A person who violates the provisions of subsection (1) after a previous judgment of conviction under that subsection has become final is punishable by a term of imprisonment not exceeding three times that authorized for the underlying offense.
(3) A sentence for a conviction under this section runs consecutively with the conviction for the underlying offense. Mandatory minimum sentences must be multiplied as provided in this section and may not be waived or suspended.
History: En. Sec. 1, Ch. 113, L. 1991.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-127. Carrying dangerous drugs on train -- penalty

45-9-127. Carrying dangerous drugs on train -- penalty.
(1) Except as provided in Title 16, chapter 12, a person commits the offense of carrying dangerous drugs on a train in this state if the person is knowingly or purposely in criminal possession of a dangerous drug and boards any train.
(2) A person convicted of carrying dangerous drugs on a train in this state is subject to the penalties provided in 45-9-102.
History: En. Secs. 2, 3, Ch. 601, L. 1991; amd. Sec. 15, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 1725, Ch. 56, L. 2009; amd. Sec. 45, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 73, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-130. Mandatory fine for possession and storage of dangerous drugs -- disposition of proceeds

45-9-130. Mandatory fine for possession and storage of dangerous drugs -- disposition of proceeds.
(1) In addition to the punishments and fines set forth in this part, the court shall fine each person found to have possessed or stored dangerous drugs 35% of the market value of the drugs as determined by the court.
(2) The fines collected pursuant to subsection (1) during each calendar year must be transmitted by the clerk of court to the department of revenue no later than 10 days following the end of the calendar year. The department shall deposit the fines in the state general fund.
History: En. Sec. 1, Ch. 446, L. 1995; amd. Sec. 23, Ch. 257, L. 2001.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-131. Definitions

45-9-131. Definitions.
As used in 45-9-132 and this section, the following definitions apply:
(1) "Booby trap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. "Booby trap" includes:
(a) guns, ammunition, or explosive devices that are attached to trip wires or other triggering mechanisms;
(b) sharpened stakes, nails, spikes, electrical devices, lines, or wires with hooks attached; and
(c) devices for the production of toxic fumes or gases.
(2) "Equipment" or "laboratory equipment" means all products, components, or materials of any kind when used, intended for use, or designed for use in the manufacture, preparation, production, compounding, conversion, or processing of a dangerous drug as defined in 50-32-101. Equipment or laboratory equipment includes but is not limited to:
(a) a reaction vessel;
(b) a separatory funnel or its equivalent;
(c) a glass condenser;
(d) an analytical balance or scale; or
(e) a heating mantle or other heat source.
(3) "Precursor to dangerous drugs" means, except as exempted by 45-9-108, any material, compound, mixture, or preparation that contains any combination of the items listed in 45-9-107(1)(a) or anhydrous ammonia knowingly possessed for the purpose of manufacturing dangerous drugs.
History: En. Sec. 1, Ch. 260, L. 2001; amd. Sec. 3, Ch. 137, L. 2005.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 1. Offenses Involving Dangerous Drugs › 45-9-132. Operation of unlawful clandestine laboratory -- penalties

45-9-132. Operation of unlawful clandestine laboratory -- penalties.
(1) A person commits the offense of operation of an unlawful clandestine laboratory if the person purposely or knowingly engages in:
(a) the procurement, possession, or use of chemicals, precursors to dangerous drugs, supplies, equipment, or a laboratory location for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110;
(b) the transportation of or arranging for the transportation of chemicals, precursors to dangerous drugs, supplies, or equipment for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110; or
(c) the setting up of equipment or supplies in preparation for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110.
(2) Except as provided in subsections (3) and (4), a person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $25,000, be imprisoned in a state prison for a term not to exceed 40 years, or both.
(3) A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 50 years, or both, if 46-1-401 is complied with and the operation of an unlawful clandestine laboratory or any phase of the operation:
(a) created a substantial risk of death of or serious bodily injury to another;
(b) took place within 500 feet of a residence, business, church, or school; or
(c) took place in the presence of a person less than 18 years of age.
(4) A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $100,000, be imprisoned in a state prison for a term not to exceed 50 years, or both, if 46-1-401 is complied with and the operation of an unlawful clandestine laboratory or any phase of the operation involved the use of a firearm or booby trap.
History: En. Sec. 2, Ch. 260, L. 2001; amd. Sec. 1, Ch. 146, L. 2003.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 2. Procedural Provisions › 45-9-201. Repealed

45-9-201. Repealed.
Sec. 3, Ch. 612, L. 1983.
History: En. Sec. 10, Ch. 314, L. 1969; amd. Sec. 6, Ch. 359, L. 1977; R.C.M. 1947, 54-138.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 2. Procedural Provisions › 45-9-203. Surrender of license

45-9-203. Surrender of license.
(1) If a court suspends or revokes a driver's license under 45-9-202(2)(e), the defendant shall, at the time of sentencing, surrender the license to the court. The court shall forward the license and a copy of the sentencing order to the department of justice. The defendant may apply to the department for issuance of a probationary license under 61-2-302.
(2) If a person with a registry identification card or license issued pursuant to 16-12-203 or 16-12-503 is convicted of an offense under this chapter, the court shall:
(a) at the time of sentencing, require the person to surrender the registry identification card; and
(b) notify the department of revenue of the conviction in order for the department to carry out its duties under 16-12-109 or 16-12-523.
History: En. Sec. 2, Ch. 802, L. 1991; amd. Sec. 28, Ch. 419, L. 2011; amd. Sec. 21, Ch. 55, L. 2015; amd. Sec. 1, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 74, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 2. Procedural Provisions › 45-9-204. Immunity from liability

45-9-204. Immunity from liability.
(1) Except as provided in subsections (2) and (3), if a court imposes mandatory service under 45-9-202(2)(c) or community service under 45-9-202(2)(d), a public or private agency supervising the service, treatment, or education program in which the defendant is participating and the officers, agents, and employees of the public or private agency are immune from liability to the defendant for any acts or omissions alleged to have occurred within the course and scope of supervision.
(2) The immunity provided in subsection (1) does not extend to acts or omissions alleged to constitute gross negligence or intentional acts.
(3) The immunity provided in subsection (1) for a public agency does not extend to claims for workers' compensation benefits when the defendant is injured while performing community service.
History: En. Sec. 3, Ch. 802, L. 1991.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 2. Procedural Provisions › 45-9-205. Exemption from mandatory minimum sentences

45-9-205. Exemption from mandatory minimum sentences.
If a sentencing judge imposes any of the sentencing alternatives specified in 45-9-202, the mandatory minimum sentences provided in 46-18-205(2) do not apply.
History: En. Sec. 4, Ch. 802, L. 1991; amd. Sec. 4, Ch. 125, L. 1995; amd. Sec. 1, Ch. 52, L. 1999.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 9. Dangerous Drugs › Part 2. Procedural Provisions › 45-9-208. Repealed

45-9-208. Repealed.
Sec. 40, Ch. 321, L. 2017.
History: En. Sec. 1, Ch. 50, L. 1995; amd. Sec. 196, Ch. 42, L. 1997; amd. Sec. 15, Ch. 23, L. 2001.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 10. Model Drug Paraphernalia Act › Part 1. General Provisions › 45-10-102. Determination of what constitutes paraphernalia

45-10-102. Determination of what constitutes paraphernalia.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) statements by an owner or by anyone in control of the object concerning its use;
(2) prior convictions, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance or dangerous drug;
(3) the proximity of the object in time and space to a direct violation of this part;
(4) the proximity of the object to dangerous drugs;
(5) the existence of any residue of dangerous drugs on the object;
(6) direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons who the person knows or should reasonably know intend to use the object to facilitate a violation of 45-10-103 through 45-10-106. The innocence of an owner or of anyone in control of the object as to a direct violation of 45-10-103 through 45-10-106 does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
(7) instructions, oral or written, provided with the object concerning its use;
(8) descriptive materials accompanying the object that explain or depict its use;
(9) national and local advertising concerning its use;
(10) the manner in which the object is displayed for sale;
(11) whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(13) the existence and scope of legitimate uses for the object in the community;
(14) expert testimony concerning its use.
History: En. Sec. 2, Ch. 481, L. 1981; amd. Sec. 1726, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 10. Model Drug Paraphernalia Act › Part 1. General Provisions › 45-10-103. Criminal possession of drug paraphernalia

45-10-103. Criminal possession of drug paraphernalia.
Except as provided in Title 16, chapter 12, or 50-32-609, it is unlawful for a person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. A person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined an amount of not more than $500, or both. A person convicted of a first violation of this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.
History: En. Sec. 3, Ch. 481, L. 1981; amd. Sec. 2, Ch. 100, L. 2001; amd. Sec. 1, Ch. 156, L. 2009; amd. Sec. 16, Ch. 253, L. 2017; amd. Sec. 46, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 75, Ch. 576, L. 2021; amd. Sec. 1, Ch. 723, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 10. Model Drug Paraphernalia Act › Part 1. General Provisions › 45-10-104. Manufacture or delivery of drug paraphernalia

45-10-104. Manufacture or delivery of drug paraphernalia.
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined not more than $500, or both.
History: En. Sec. 4, Ch. 481, L. 1981.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 10. Model Drug Paraphernalia Act › Part 1. General Provisions › 45-10-105. Delivery of drug paraphernalia to minor

45-10-105. Delivery of drug paraphernalia to minor.
Any person 18 years of age or older who violates 45-10-104 by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years younger is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 1 year or be fined not more than $1,000, or both.
History: En. Sec. 5, Ch. 481, L. 1981; amd. Sec. 1727, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 10. Model Drug Paraphernalia Act › Part 1. General Provisions › 45-10-106. Advertisement of drug paraphernalia

45-10-106. Advertisement of drug paraphernalia.
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement knowing or under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined not more than $500, or both.
History: En. Sec. 6, Ch. 481, L. 1981.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 10. Model Drug Paraphernalia Act › Part 1. General Provisions › 45-10-107. Exemptions

45-10-107. Exemptions.
The provisions of this part do not apply to:
(1) practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice;
(2) persons acting in compliance with Title 16, chapter 12; or
(3) persons acting as employees or volunteers of an organization, including a nonprofit community-based organization, local health department, or tribal health department, that provides needle and syringe exchange services to prevent and reduce the transmission of communicable diseases.
History: En. Sec. 7, Ch. 481, L. 1981; amd. Sec. 91, Ch. 114, L. 2003; amd. Sec. 16, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 1, Ch. 96, L. 2017; amd. Sec. 47, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 76, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 10. Model Drug Paraphernalia Act › Part 1. General Provisions › 45-10-108. Repealed

45-10-108. Repealed.
Sec. 40, Ch. 321, L. 2017.
History: En. Sec. 1, Ch. 50, L. 1995; amd. Sec. 197, Ch. 42, L. 1997; amd. Sec. 16, Ch. 23, L. 2001.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 1. Purpose and Application of Title › 46-1-101. Repealed

46-1-101. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-101 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 184, L. 1977; R.C.M. 1947, 95-101.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 1. Purpose and Application of Title › 46-1-102. Repealed

46-1-102. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-102 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-102.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 1. Purpose and Application of Title › 46-1-103. Scope -- purpose -- construction

46-1-103. Scope -- purpose -- construction.
(1) This title governs the practice and procedure in all criminal proceedings in the courts of Montana except where provision for a different procedure is specifically provided by law.
(2) This title is intended to provide for the just determination of every criminal proceeding. The purposes of this title are to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.
(3) Any irregularity in a proceeding specified by this title that does not affect the substantial rights of the accused must be disregarded.
History: En. Sec. 1, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 2. Definitions › 46-1-201. Repealed

46-1-201. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-201, 95-203, 95-204, 95-205, 95-206, 95-207, 95-208, 95-209, 95-210, 95-211.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 3. Notice to Attorney General › 46-1-301. Notice to be given to attorney general when state department or board initiates or intervenes in an action

46-1-301. Notice to be given to attorney general when state department or board initiates or intervenes in an action.
When a department or board of this state initiates or intervenes in an action in any court, a copy of the complaint, counterclaim, or cross-claim must be served on the attorney general.
History: En. Sec. 1, Ch. 91, L. 1979.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 3. Notice to Attorney General › 46-1-302. Notice of appeal to be served on attorney general

46-1-302. Notice of appeal to be served on attorney general.
When a department or board of this state appeals from a judgment or order entered in any court of this state, a copy of the notice of appeal must be served on the attorney general.
History: En. Sec. 2, Ch. 91, L. 1979.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 4. Incarceration Enhancement › 46-1-401. Penalty enhancement -- pleading, proof, and mental state requirements

46-1-401. Penalty enhancement -- pleading, proof, and mental state requirements.
(1) A court may not impose a penalty enhancement specified in Title 45, Title 46, or any other provision of law unless:
(a) the enhancing act, omission, or fact was charged in the information, complaint, or indictment, with a reference to the statute or statutes containing the enhancing act, omission, or fact and the penalty for the enhancing act, omission, or fact;
(b) if the case was tried before a jury, the jury unanimously found in a separate finding that the enhancing act, omission, or fact occurred beyond a reasonable doubt;
(c) if the case was tried to the court without a jury, the court finds beyond a reasonable doubt that the enhancing act, omission, or fact occurred; and
(d) a defendant who knowingly and voluntarily pleaded guilty to an offense also admitted to the enhancing act, omission, or fact.
(2) The enhancement issue may be submitted to a jury on a form separate from the verdict form or may be separately stated on the verdict form. The jury must be instructed that it is to reach a verdict on the offense charged in the information, complaint, or indictment before the jury can consider whether the enhancing act, omission, or fact occurred.
(3) An enhancing act, omission, or fact is an act, omission, or fact, whether stated in the statute defining the charged offense or stated in another statute, that is not included in the statutory definition of the elements of the charged offense and that allows or requires a sentencing court to add to, as provided by statute, a penalty provided by statute for the charged offense or to impose the death penalty instead of a statutory incarceration period provided by statute for the charged offense. Except as provided in subsection (4), the aggravating circumstances contained in 46-18-303 are enhancing acts, omissions, or facts.
(4) Use of the fact of one or more prior convictions for the same type of offense or for one or more other types of offenses to enhance the penalty for a charged offense is not subject to the requirements of this section.
History: En. Sec. 1, Ch. 524, L. 2001; amd. Sec. 1, Ch. 154, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 5. Mediation of Criminal Proceedings › 46-1-501. Definitions

46-1-501. Definitions.
As used in this part, the following definitions apply:
(1) "Mediation" has the meaning provided in 26-1-813(1).
(2) "Party" means any one of the following, and "parties" means all of the following:
(a) the defendant;
(b) a victim of the crime; or
(c) the county attorney or other prosecuting attorney.
History: En. Sec. 1, Ch. 203, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 5. Mediation of Criminal Proceedings › 46-1-502. Mediation

46-1-502. Mediation.
(1) At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.
(2) The proceeding may not be referred for mediation if the offense charged is:
(a) deliberate homicide, as described in 45-5-102;
(b) mitigated deliberate homicide, as described in 45-5-103;
(c) intimidation, as described in 45-5-203;
(d) partner or family member assault, as described in 45-5-206;
(e) assault on a minor, as described in 45-5-212;
(f) strangulation of a partner or family member, as described in 45-5-215;
(g) stalking, as described in 45-5-220;
(h) aggravated kidnapping, as described in 45-5-303;
(i) a sex crime, as described in 45-5-502, 45-5-503, 45-5-504, or 45-5-507;
(j) endangering the welfare of children, as described in 45-5-622;
(k) sexual abuse of children, as described in 45-5-625; or
(l) ritual abuse of a minor, as described in 45-5-627.
(3) Any aspect of or issue in the proceeding may be the subject of the mediation, including but not limited to the charge, a plea bargain, or a recommended sentence.
(4) At any point during mediation, a party may withdraw from the mediation without penalty or sanction.
(5) This section does not prohibit the parties from engaging in traditional plea negotiations.
History: En. Sec. 2, Ch. 203, L. 2007; amd. Sec. 6, Ch. 225, L. 2013; amd. Sec. 8, Ch. 394, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 5. Mediation of Criminal Proceedings › 46-1-503. Factors to use in determining appropriateness of mediation

46-1-503. Factors to use in determining appropriateness of mediation.
In deciding whether mediation is appropriate, the court may consider:
(1) the nature of the offense;
(2) any special circumstances or characteristics of the defendant or any victim;
(3) whether the defendant previously participated in mediation in the current or a prior proceeding;
(4) whether it is probable that the defendant will cooperate with the mediator;
(5) the recommendation of any victim or victims;
(6) the recommendation of any involved law enforcement agency;
(7) whether a qualified mediator is available;
(8) the type of sentence, including any treatment, that the defendant would most likely be amenable to, whether the best interests of the defendant and the security of the public may require that the defendant be placed in secure detention or under supervision, and whether there are facilities available for treatment and rehabilitation of the defendant;
(9) whether there is evidence that the charged offense included violence or was otherwise committed in an aggressive and premeditated manner;
(10) the motivation for the commission of the charged offense;
(11) the age of the defendant and of any codefendant or victim;
(12) the previous history of the defendant, including any criminal history and any other prior antisocial behavior or pattern of physical violence;
(13) the sophistication and maturity of the defendant as determined by factors such as home, employment, school activities, emotional attitude, and pattern of living;
(14) whether any victim wishes to address the parties and mediator during mediation; and
(15) other matters that the court believes are relevant.
History: En. Sec. 3, Ch. 203, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 5. Mediation of Criminal Proceedings › 46-1-504. Procedure following mediation

46-1-504. Procedure following mediation.
(1) If mediation is successful, the mediator shall inform the court of the results of the mediation and of any agreement reached.
(2) If mediation is unsuccessful or if one of the parties withdraws from the mediation, the mediator shall notify the court and the prosecutor may proceed with the prosecution of the defendant.
(3) After a successful mediation, the results of the mediation and any agreement reached by the parties to the mediation are subject to the approval of the court.
History: En. Sec. 4, Ch. 203, L. 2007.