(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) 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) 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.
§ 45-9-103, MCA
Amended by Laws 2021, Ch. 576,Sec. 71, eff. 1/1/2022.
Amended by Sec. 43, I.M. No. 190, approved Nov. 3, 2020 (eff. 1/1/2021).
Amended by Laws 2017, Ch. 321,Sec. 21, eff. 7/1/2017.
Amended by Laws 2013, Ch. 135, Sec. 3, eff. 10/1/2013.
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.
Contingent voidness. Section 115 of Laws 2021, Ch. 576 provides: "
Contingent voidness. If the Montana supreme court determines that Initiative Measure No. 190, approved November 3, 2020, other than the portions relating to revenue distribution, is in violation of the Montana constitution and the constitutional infirmity invalidates the entire initiative, then both Initiative Measure No. 190 and [this act] [Ch. 576] are void."