Montana HB 541 introduced to decriminalize marijuana
Wednesday, February 11th, 2009 at 5:26 pm | By: Radical Russ
NEW SECTION. Section 4. Simple possession of marijuana as civil infraction — civil penalty — arrest prohibited. (1) A person commits the civil infraction of simple possession of marijuana if the person possesses not more than 30 grams of marijuana or any of its derivatives.
(2) A person found to be in violation of subsection (1) shall, in addition to any confiscation as provided by Title 44, chapter 12, pay a civil penalty of $50.
A $50 ticket if they catch you with an ounce. Another $50 fine (see below) if they catch you with paraphernalia. No arrest, no booking, no criminal offense. Montana Stashers, get in touch with your representatives and tell them you want their support for this common sense measure that will save Montana millions in law enforcement costs and raise additional funds in fine revenue.
(3) A person believed to be in violation of only 45-10-103(2), subsection (1) of this section, or both may be issued a citation by the jurisdiction in which the person is believed to be in violation of subsection (1) but may not be arrested or taken to or booked into a detention facility. Identifying information relating to the person may not be entered into any manual or electronic database or recordkeeping system other than that necessary for the enforcement of this section.
(4) Upon issuance of a citation, the person believed to be in violation of subsection (1) may pay the civil penalty by mail or may elect to contest the citation at a time and place provided in the citation.
(5) This section does not apply to a qualifying patient or caregiver, as defined in 50-46-102, who complies with the requirements of Title 50, chapter 46.
(6) A violation of subsection (1) is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, and 46-18-236. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.
Section 5. Section 45-10-103, MCA, is amended to read:
45-10-103. Criminal and civil possession of drug paraphernalia. (1) 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, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. A Except as provided in subsection (2), 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.
(2) A person who violates this section because of the use or possession with intent to use drug paraphernalia in connection with simple possession of marijuana as provided in [section 4] has committed a civil infraction and upon conviction shall be punished by a civil penalty in the same amount as provided in [section 4] for simple possession of marijuana.“
