Possession of 60 grams or less of marijuana in Montana is a misdemeanor. Possession of any other illegal drug – even residue – is a felony. Distribution and manufacturing of illegal drugs are also felony offenses.
Search and seizure issues are common in drug cases, and one of the first issues we will review is whether you were stopped or searched illegally. We have obtained dismissals of numerous drug cases by successfully challenging illegal search and seizures by law enforcement with motions to suppress and dismiss.
If there are no suppression or dismissal issues for your case, there is still a statutory presumption that you are entitled to a deferred imposition of sentence on a first drug possession conviction. A deferred sentence results in an eventual dismissal so long as you satisfy the conditions of deferment, like probation and treatment. We often ask our clients charged with drug offenses to obtain a chemical dependency evaluation and follow treatment recommendations before going to court, because this proactive approach puts our clients in the best position to get a reduced or deferred sentence thereby avoiding a permanent felony conviction.