In Montana, possession of a controlled substance (Drug) may be classified as either a felony or misdemeanor offense.  

With the growing legalization of recreational marijuana/cannabis use by nearby States (Washington, Oregon, California, Nevada, Colorado, Michigan, Vermont, Massachusetts, Maine) and Canada, it is important to realize that possession while traveling through Montana is still illegal. 

While possession of marijuana/cannabis/THC products and driving while under the influence (greater than 5 nanograms THC) is still illegal in Montana, Montana's Right to Privacy contained within the State Constitution provides greater protections regarding illegal search and seizure than even the U.S. Constitution.   

Possession of greater than 60 grams of marijuana and possession of other controlled substances such as methamphetamine, cocaine, opiates, heroin, fentanyl, ritalin/adderall, all remain felony offenses in Montana and may carry with them substantial prison sentences.  

If you have been charged with drug possession, it is imperative that you have legal counsel to assist you in protecting your rights. We at Trailhead Law may be able to assist in having the charges dismissed or reduced by showing that officers violated Montana or Federal law during their initial seizure of you, their search of your person or vehicle, or their seizure/testing of any drugs.     


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