Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 10. MODEL DRUG PARAPHERNALIA ACT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 45-10-103 (2026)

Criminal Possession Of Drug Paraphernalia

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 10
  4. Part 1
  5. 45-10-103 Criminal possession of drug paraphernalia

TITLE 45. CRIMES

CHAPTER 10. MODEL DRUG PARAPHERNALIA ACT

Part 1. General Provisions

Criminal Possession Of Drug Paraphernalia

45-10-103. Criminal possession of drug paraphernalia. Except as provided in Title 16, chapter 12, or 50-32-609, 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, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. 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.

History: En. Sec. 3, Ch. 481, L. 1981; amd. Sec. 2, Ch. 100, L. 2001; amd. Sec. 1, Ch. 156, L. 2009; amd. Sec. 16, Ch. 253, L. 2017; amd. Sec. 46, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 75, Ch. 576, L. 2021; amd. Sec. 1, Ch. 723, L. 2023.

Notes of Decisions
Cited in 82 cases (15 in the last 5 years), 1990–2026 · leading case: State v. T.Thibeault, 2021 MT 162 (Mont. 2021).
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State v. T.Thibeault, 2021 MT 162 (Mont. 2021). · cites it 45× “Thibeault appeals the May 2019 judgment of the Thirteenth Judicial District Court, Yellowstone County, affirming his January 2019 judgment of conviction in Yellowstone County Justice Court on the offense of criminal possession of drug paraphernalia, a misdemeanor in violation of…”
State v. S. Hoover, 2017 MT 236 (Mont. 2017). · cites it 8× “Upon searching him incident to arrest, one of the officers found a small marijuana pipe with suspected residue in Hoover’s pants pocket. The officers then transported him to jail and cited him into Flathead County Justice Court on the charge of Criminal Possession of Drug…”
City of Missoula v. Shumway, 434 P.3d 918 (Mont. 2019). · cites it 30× “Mattix cited Shumway with two counts of criminal possession of drug paraphernalia under § 45-10-103, MCA. ¶5 At trial, the City introduced the two glass pipes into evidence, and Mattix confirmed they were the same pipes he seized from Shumway.”
State v. McLeod, 2002 MT 348 (Mont. 2002). · cites it 5× “¶1 The defendant, Ron McLeod (McLeod), pled guilty to one count of criminal possession of dangerous drugs, a felony in violation of § 45-9-102, MCA, and one count of criminal possession of drug paraphernalia, a misdemeanor in violation of § 45-10-103, MCA. The Montana Thirteenth…”
State v. W. Harning, 2022 MT 61 (Mont. 2022). · cites it 4× “Harning was charged in Yellowstone County Justice Court with criminal possession of drug paraphernalia, in violation of § 45-10-103, MCA, and criminal possession of marijuana, in violation of § 45-9-102(2), MCA.”
State v. Gittens, 2008 MT 55 (Mont. 2008). · cites it 4× “¶ 6 The State charged Gittens, by Information, with Count I—criminal possession of dangerous drugs with intent to distribute, a felony in violation of § 45-9-103, MCA, and Count II—criminal possession of drug paraphernalia, a misdemeanor in violation of § 45-10-103, MCA. Gittens…”
State v. Mosley, 860 P.2d 69 (Mont. 1993). · cites it 8× “On September 25, 1991, Mosley was charged with one count of criminal possession of dangerous drugs with intent to sell pursuant to felony statute § 45-9-103, MCA, and one count of criminal possession of drug paraphernalia pursuant to misdemeanor statute, § 45-10-103, MCA.”
State v. Clark, 1998 MT 221 (Mont. 1998). · cites it 4× “The State also charged Clark with misdemeanor counts of criminal possession of drug paraphernalia, in violation of § 45-10-103, MCA, second offense DUI, in violation of § 61-8-401, MCA, failure to remain at the scene of an accident, in violation of § 61-7-104, MCA, failure of…”
State v. Worrall, 1999 MT 55 (Mont. 1999). · cites it 4× “¶ 13 On October 31, 1997, Worrall was charged by information with the offenses of criminal production or manufacture of dangerous drugs, a felony, in violation of § 45-9-110, MCA; criminal possession of dangerous drugs, a felony, in violation of § 45-9-102, MCA; and criminal…”
State v. Lanegan, 2004 MT 134 (Mont. 2004). · cites it 4× “¶ 1 An Information filed January 17, 2003, charged Albert Allen Lanegan (Lanegan) with criminal possession of dangerous drugs, a felony in violation of § 45-9-102, MCA, criminal possession of drug paraphernalia, a misdemeanor in violation of § 45-10-103, MCA, and obstructing a…”
State v. Velasquez, 2016 MT 216 (Mont. 2016). · cites it 2× “Velasquez was charged with felony possession of a dangerous drug with intent to distribute, in violation of § 45-9-103, MCA, and with misdemeanor criminal possession of drug paraphernalia, in violation of § 45-10-103, MCA. ¶3 The District Court set trial for January 2014.”
State v. Dawson, 1999 MT 171 (Mont. 1999). · cites it 4× “¶ 8 On December 23, 1996, Dawson was charged by Information with one count of criminal possession of dangerous drugs, a felony, in violation of § 45-9-102, MCA, and one count of criminal possession of drug paraphernalia, a misdemeanor, in violation of § 45-10-103, MCA. The…”
Show all 82 citing cases →
— Mont. Code Ann. § 45-10-103(1) — 1 case
State v. B. Glass, 2017 MT 128 (Mont. 2017).
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