It is a "shall issue" state for concealed carry. Montana Code Section 45-9-101 (Criminal Distribution of Dangerous Drugs), Code Section 50-32-101 (Marijuana Definitions) and Code Section 50-46-301(Medical Marijuana) define, classify and penalize drug offenses within the state and are as follows: Possession. The Montana Court system or the Judicial Branch is the branch of state government generally in charge of applying the law to the facts of specific cases in order to decide disputes between citizens and disagreements between citizens and the government. Use or possession of property that one knows is subject to criminal forfeiture for involvement with drug offenses is a felony punishable by up to 10 years imprisonment. Montana Secretary of State Montana Capitol Building, Rm 260 P.O. MONTANA MARIJUANA STATISTICS AND FACTS: PROGRAM GROWTH DATA. Regardless of which side of the court you’re on in a criminal lawsuit, you could benefit from a better understanding of Montana’s criminal laws. The reason is because of the federal gun law; it accepts the Montana Constitution, but there is a small hitch. Driver License Sanctions - Breakdown of license suspension and revocation periods for varying offenses, including DUI offenses (Montana Attorney General's Office). Montana Statutes & Codes - Read complete laws of your state. At least most of them; a decision by a federal appellate court in Montana recently held the former felons can’t own a gun. Here, medical marijuana has … Montana Code Annotated 2019 Table of Contents. Marquette University/Flickr. § 45-8-105 (Criminal Law Commission Comments in An-notations) (1996). Depending on the situation, this implied consent might extend to blood draws, in-station breathalyzer tests, and roadside preliminary breath tests. Federal and State Laws for Montana Public Employers Only. Along with the risk to your own life and the lives of others, drinking and driving can result in heavy penalties from the criminal court and the Montana … Disclaimer. Circuit Court of Appeals, Montana’s felons convicted of violent or sexual crimes will no longer be able to own firearms after Penalties for breaking the law. Montana has some of the most permissive gun laws in the United States. 8. Under Montana law, possession of these drugs is considered a felony and can result in a sentence of 2 to 5 years in prison along with $50,000 in fines. Montana’s new laws are among the more aggressive expungement laws in the country as well. Montana Driver License Manual [PDF] Title 61: Motor Vehicles Code 61-8-442). Montana’s “implied consent” laws require all drivers lawfully arrested for a DUI to submit to a blood or breath test. ), if you or someone else is threatened with bodily injury or death, you do not have a duty to retreat or summon law enforcement before using deadly force. Montana recognizes this as well and has adopted a “Stand Your Ground” policy of self-defense. According to a new judgment from the 9th U.S. Closure or Layoff at Government Facility (39-2-1001 to 30-2-1003) Collective Bargaining for Public Employees (Title 39, Chapter 31) Government Code of Fair Practices (Title 49, Chapter 3) Below you will find links to traffic laws and driving rules in Montana -- including the online vehicle code, statutes on common traffic violations, and state-specific driving manuals (where available). Montana Criminal Law: An Overview. Montana State Legislature State Capitol PO Box 201706 Helena, MT 59620-1706 Any records kept by a court, law enforcement agency, or other state or local government agency related to a sexual or violent criminal conviction which is later reversed. Montana has both Castle Doctrine and SYG laws. The following penalties are associated with Marijuana within the state of Montana: Here you will find a collection of state laws passed by the Montana Legislature and organized by subject area into Titles, Chapters, Parts and Sections. Code 61-8-732); Ignition Interlocks (Mt. The Yellowstone County Attorney’s Office reported prosecuting 69 cases of felony strangulation since the new law was enacted. Code Ann. 2. … Montana DUI Resources: Montana DUI Statutes: Driving under the Influence (Mt. Jimmy Emerson, DVM/Flickr. Box 202801 Helena, MT 59620-2801 Front Desk: 406-444-2034 Montana’s expungement law allows anyone convicted of misdemeanors, no matter the number or seriousness of the offence, an opportunity to total clear a criminal record. Refusal of a legally-requested test will result in license suspension.