Cocaine is an illegal drug in all states, with separate charges for possession, sales, and trafficking. Montana cocaine laws are similar to those in other states. Simple possession can result in up to five (5) years in prison and a $50,000 fine.
Montana Drug Court: An Alternative To Incarceration
Defendants with relatively clean criminal records may qualify for a first-time offender waiver in their county or jurisdiction. This allows offenders to enter a drug treatment program, perform community service, and serve probation instead of prison time.
What is Drug Court in Montana?
Drug court is a court that has special calendars or dockets designed to work with non-violent offenders to reduce repeat crimes and substance abuse by increasing their likelihood for successful rehabilitation. The offender will need to complete judicially-supervised treatment, mandatory periodic drug testing, and the use of appropriate sanctions and incentives.
Montana’s first drug court began operating in Missoula in 1996, and there are now 26 drug courts operating state-wide at the district and limited jurisdiction level.
Am I Eligible To Receive Treatment Through Drug Court?
Practices for determining defendants’ eligibility for drug court participation vary but typically involve screening defendants for their criminal history, current case information, and their substance use. Drug court participants range from non-violent offenders charged with drug-related offenses who have substance addictions, to relatively medium risk defendants with extensive criminal histories who failed prior substance abuse treatment experiences.
Enhanced Penalties: Cocaine Sales
Possessing cocaine with the intent to sell it is punishable with a fine of up to $50,000, up to 20 years in prison, or both.
Montana's cocaine laws are summarized in the box below. See FindLaw's Drug Charges section for more articles and resources.
| Code Section | 45-9-101, et seq.; 50-32-101, et seq. |
| Possession | Up to 5 yrs. and/or $50,000; Criminal possession with intent to sell: up to 20 yrs. and/or $50,000. |
| Sale | Possessing Controlled Dangerous Substance (CDS) with the intent to distribute, no matter what the amount, is a felony that carries jail time of up to 20 years and a fine of up to $50,000. |
| Trafficking | Criminal production/manufacture: 5 yrs. to life and/or $50,000; Subsequent offense: 20 yrs. to life and/or $50,000; Third offense: 40 yrs. to life and/or $50,000 |
Note: State laws are constantly changing -- contact a Montana drug crime lawyer or conduct your own legal research to verify the state law(s) you are researching.
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Montana Cocaine Laws: Related Resources
