DRUG POSSESSION

In Montana, possession of a controlled substance (dangerous drug) may be classified as either a felony or misdemeanor offense.  In many cases, it does not matter what quantity of drugs are found in your possession - you can be charged criminally just for possessing  the residue of drugs remaining in baggies or pipes. 

Possession of greater than one ounce of cannabis and possession of other controlled substances such as methamphetamine, cocaine, opiates, heroin, fentanyl, ritalin/adderall, all remain illegal in Montana and may carry with them substantial prison sentences.  

While it is now legal to possess recreational marijuana/cannabis in Montana and nearby States (Washington, Oregon, California, Nevada, Colorado, Michigan, Vermont, Massachusetts, Maine) and Canada, it is important to realize that transportation of cannabis between states remains illegal under federal law. 

In Montana it is also a crime to drive while under while under the influence of cannabis (DUI).  If a blood sample shows a concentration of more than 5 ng/L of THC in your system, you will be presumed by the Court to be under the influence or impaired while driving.


If you have been charged with drug possession or driving under the influence of a drug or THC, it is imperative that you have a criminal defense of DUI lawyer 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.