Legal Question in Criminal Law in Montana

Re: Possesion of a dangerous drug

Possession of less than 60 gms of marijuana is a misdemeanor in MT. There are 28 gms to the oz, so 2 oz is still a misdemeanor.

Check this out:

2) A person convicted of criminal possession of marijuana or its derivatives in an amount the aggregate weight of which does not exceed 60 grams of marijuana or 1 gram of hashish is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 6 months. The minimum fine must be imposed as a condition of a suspended or deferred sentence. A person convicted of a second or subsequent offense under this subsection is punishable by a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 1 year or in the state prison for a term not to exceed 3 years or both such fine and imprisonment.

You can see where you fall based upon your prior criminal history.

If you are a first offender expect probation with conditions. Note that the $100 fine must be paid.

Possession of even 2gms of marijuana is a misdemeanor in MT.

Good luck.

Re: Possesion of a dangerous drug

I pretty much agree with Mr. Aspinwall with the exception of the possibility of probation. That is unlikely. More likely a suspended sentence with the condition that you go to the "drug school" and remain law abiding. Possession of dangerous drugs comes in two varieties with respect to marijuana. Less than 60 grams is a misdemeanor and more than 60 grams a felony. Second offense with an otherwise misdemeanor amount could be charged as a felony. If I were you, with such a small amount, I'd first try for a deferred prosecution. Good Luck!