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The State Laws of Montana

The State Laws of Montana


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.  Contact Montana lawyers for legal advice and assistance.
Montana Abortion Laws
Within the state of Montana, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Montana state legislation expresses a variety of stipulations with regard to a legal abortion process:
•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review
•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Montana, unauthorized individuals conducting abortions may be charged with fines and/or prison time

•    All mothers above the age of 18 must consent to the abortion process no less than 24 hours prior to the procedure
Montana Marijuana Laws
Within the state of Montana, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Montana State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Montana:
Possession/Under the Influence of Marijuana
1.    Amount: 60 grams or less (first offense)
•    Penalty:6 months’ incarceration
•    Fines: $100 – $500
•    Classification: misdemeanor
2.    Amount: 60 grams or less (subsequent offense)
•    Penalty: 3 years’ incarceration
•    Fines:$1,000
•    Classification: felony
3.    Amount: 60 grams or more
•    Penalty: 20 years’ incarceration
•    Fines:$50,000
•    Classification: felony
Cultivation of Marijuana
4.    Amount: 1 pound or less
•    Penalty: 10 years’ incarceration
•    Fines: $50,000
•    Classification: felony
5.    Amount: 1 pound or an excess of 30 plants
•    Penalty: 2 years’ to life incarceration; 2 years is the minimum sentence
•    Fines:$50,000
•    Classification: felony
6.    Amount: Any subsequent offense
•    Penalty: penalties are doubled with regard to initial charges
•    Fines: fines are doubled with regard to initial charge(s)
•    Classification: felony
Sale and/or Intent to Distribute Marijuana
Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration
7.    Amount: Any
•    Penalty: 1 year to life incarceration
•    Fines: $50,000
•    Classification: felony
8.    Amount: Sale to a Minor
•    Penalty: 2 years’ to life incarceration

•    Fines:$50,000
•    Classification: felony
9.    Amount: Within 1,000 feet of a school zone
•    Penalty: 3 years’ to life incarceration
•    Fines:$50,000
•    Classification: felony
Medical Marijuana
Within the state of Montana, Medical Marijuana is considered to be legal upon prescription by an authorized, accredited medical professional; the appropriate amount allowed is 1 ounce per patient
Montana DWI and DUI Laws
Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Montana:
•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Montana, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%
•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense
•    In Montana, supplementary penalties may be incurred due to BAC levels exceeding .18%
•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Montana, law enforcement agents are permitted to act in accordance with implied consent laws
•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 6months’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device
•    Upon a third DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle
Montana Gun Laws
A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Montana, gun laws are as follows:
•    The sale, ownership, or possession of firearms with regard to convicted felons, minors, illegal aliens, or individuals who have been in long-term care in a mental health facility is illegal in the state of Montana;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed
•    A waiting period for the purchase of a firearm does not currently exist in the state of Montana
•    Current listing or report of forearms considered to be illegal in the state of Montana: silenced firearms, sawed-off shotguns, and machine guns
Montana Adoption Laws
In the state of Montana, an individual who has been deemed as a law-abiding citizen 18 years or older who is of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:
•    Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption
•    Within the state of Montana, and individual must maintain residence for a period of no less than 6 months
•    Within the state of Montana, the Department of Public Health and Family Services mandates all adoptions
Montana Employment and Labor Laws
•    Within the state of Montana, the minimum wage is $6.90awarded per hour of labor; this does not include overtime pay
•    Within the state of Montana, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment
Montana Divorce Laws
Within the state of Montana, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:
•    A divorce must be filed by an individual residing in Montana for a duration of time exceeding 90 days
•    ‘No Fault’ divorce does exist on the grounds of irretrievable breakdown; a separation must take place for 6 months
Montana Death Penalty Laws
Within the state of Montana, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:
•    In the event of mental instability or pregnancy, capital punishment is disallowed
•    The minimum age permissible for a capital punishment sentence in Montana is 18 years of age
•    Within the state of Montana, homicideis punishable by death; in addition, aggravated assault and kidnapping facilitated while an individual is incarcerated, as well as habitual felony offenders are subject to the death penalty
•    The accepted means of capital punishment is the administration of lethal injection
Montana Gambling Laws
Within the state of Montana, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:
•    Licensed Horse racing wagering is legal
•    Licensed Greyhound racing wagering is legal
•    Gambling taking place through the use of video – machine-based – devices are the only form of legal gambling
Montana Child Laws
Within the state of Montana, the following stipulations with regard to child laws and child custody are recognized:
•    Joint custody is permitted
•    The rights implied within grandparental visitation are recognized
•    The wishes of any or all children involves are taken into consideration with regard to a custody decision