Montana Code Annotated

Mont. Code Ann. § 45-9-101 (2026)

Criminal Distribution Of Dangerous Drugs

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 1. Offenses Involving Dangerous Drugs

Criminal Distribution Of Dangerous Drugs

45-9-101. Criminal distribution of dangerous drugs. (1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal distribution of dangerous drugs if the person sells, barters, exchanges, gives away, or offers to sell, barter, exchange, or give away any dangerous drug, as defined in 50-32-101.

(2) A person convicted of criminal distribution of dangerous drugs involving giving away or sharing any dangerous drug, as defined in 50-32-101, shall be sentenced as provided in 45-9-102.

(3) A person convicted of criminal distribution of dangerous drugs not otherwise provided for in subsection (1), (2), (4), (5), or (6) shall be imprisoned in the state prison for a term not to exceed 25 years or be fined an amount of not more than $50,000, or both.

(4) A person who was an adult at the time of distribution and who is convicted of criminal distribution of dangerous drugs to a minor shall be sentenced as follows:

(a) For a first offense, the person shall be imprisoned in the state prison for a term not to exceed 40 years and may be fined not more than $50,000.

(b) For a second or subsequent offense, the person shall be imprisoned in the state prison for a term not to exceed life and may be fined not more than $50,000.

(5) If the offense charged results in the death of an individual from the use of any dangerous drug that was distributed, the person shall be imprisoned in the state prison for a term of not more than 100 years and may be fined not more than $100,000.

(6) A person convicted of criminal distribution of dangerous drugs that involves distribution of fentanyl, carfentanil, sufentanil, alfentanil, or a fentanyl derivative, and who possessed or distributed a mixture containing one or more of these substances in a combined amount greater than 100 pills or a combined weight greater than 10 grams in a form such as a powder, solid, or liquid, inclusive of any additives or cutting agents, shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years or may be fined not more than $50,000, or both. The court may not suspend execution or defer imposition of the first 2 years of the sentence, except as provided in 46-18-222(1) through (4), and during the first 2 years of imprisonment, the offender is not eligible for parole.

(7) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.

History: En. Sec. 4, Ch. 314, L. 1969; amd. Sec. 1, Ch. 55, L. 1973; amd. Sec. 24, Ch. 412, L. 1973; amd. Sec. 1, Ch. 258, L. 1974; amd. Sec. 1, Ch. 359, L. 1977; amd. Sec. 1, Ch. 584, L. 1977; R.C.M. 1947, 54-132; amd. Sec. 1, Ch. 587, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 9, Ch. 583, L. 1981; amd. Sec. 1, Ch. 393, L. 1983; amd. Sec. 16, Ch. 3, L. 1985; amd. Sec. 1, Ch. 478, L. 1987; amd. Sec. 1, Ch. 575, L. 1989; amd. Sec. 3, Ch. 448, L. 1993; amd. Sec. 11, Ch. 432, L. 1999; amd. Sec. 87, Ch. 114, L. 2003; amd. Sec. 11, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 2, Ch. 156, L. 2011; amd. Sec. 1, Ch. 135, L. 2013; amd. Sec. 19, Ch. 321, L. 2017; amd. Sec. 41, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 1, Ch. 295, L. 2021; amd. Sec. 69, Ch. 576, L. 2021; amd. Sec. 1, Ch. 543, L. 2023.

Notes of Decisions

Cited in 116 cases (8 in the last 5 years), 1979–2025 · leading case: State v. C. Christensen, 2020 MT 237 (Mont. 2020).

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State v. C. Christensen, 2020 MT 237 (Mont. 2020). · cites it 104× “ppeals a judgment following a jury trial in Montana’s Twenty-First Judicial District Court, in which Christensen was found guilty of two counts of Negligent Homicide, felonies, in violation of § 45-5-104, MCA; nine counts of Criminal Endangerment, felonies, in violation of §…”

State Ex Rel. Zander v. Dist. Court of the Fourth Jud. Dist., 591 P.2d 656 (Mont. 1979). · cites it 26× “1947, now section 45-9-101 MCA, violates the due process guarantee in Montana's Constitution by creating an arbitrary presumption that cultivation of marijuana constitutes a sale of marijuana.”

State v. Brown, 755 P.2d 1364 (Mont. 1988). · cites it 36× “In Starr , the defendant asserted that § 45-9-101, MCA, was unconstitutionally vague.”

State v. Starr, 664 P.2d 893 (Mont. 1983). · cites it 18× “Section 45-9-101, MCA, provides in part: "(1) A person commits the offense of criminal sale of dangerous drugs if he .”

Montana Cannabis Indus. Ass'n v. State, 2016 MT 44 (Mont. 2016). · cites it 6× “Opinion, ¶ 29 (“The careful regulation of access to an otherwise illegal substance for limited use by persons for whom there is little or no other effective alternative serves a legitimate state objective.”

State v. Hamper, 2008 MT 296 (Mont. 2008). · cites it 4× “Instead, and without considering the nature or purpose of the conversations, the Court issues the sweeping proposition that there is an expectation of privacy in “face-to-face conversations” held in 1 Pursuant to § 45-9-101(1), MCA, a person commits the offense of criminal…”

State v. Sprinkle, 2000 MT 188 (Mont. 2000). · cites it 19× “¶1 By Information filed in the District Court for the First Judicial District in Lewis and Clark County, the State charged the Defendant, Corey Alan Sprinkle, with criminal sale of dangerous drugs, a felony, in violation of § 45-9-101, MCA; criminal possession of dangerous…”

Dep't of Revenue of Mont. v. Kurth Ranch, 511 U.S. 767 (1994). · cites it 2× “§ 45-9-101 (1987), criminal possession of a dangerous drug (marijuana) with intent to sell, § 45-9-103, solicitation to commit the offense of criminal possession of a dangerous drug (marijuana) with intent to sell, § 45-4-101, and criminal possession of a dangerous drug…”

State v. Graham, 2004 MT 385 (Mont. 2004). · cites it 6× “Section 45-9-101, MCA. The informant also told law enforcement that yet another person, Chris, taught Graham how to "cook methamphetamine" and would "get methamphetamines [sic] from [Graham].”

State v. Berger, 856 P.2d 552 (Mont. 1993). · cites it 8× “This is an appeal from the Twelfth Judicial District Court, Hill County, wherein the appellant, Richard Wayne Berger, pled guilty to the offense of criminal sale of dangerous drugs in violation of § 45-9-101, MCA, pursuant to a plea agreement under which he reserved his right to…”

State v. Arbgast, 656 P.2d 828 (Mont. 1983). · cites it 18× “Whether the District Court abused its discretion in denying defendant’s motion to withdraw her guilty plea and refusing to set aside the plea bargain agreement.”

State v. Reichmand, 2010 MT 228 (Mont. 2010). · cites it 4× “¶ 1 Dallas Edward Reichmand (Reichmand) was convicted after a jury trial in March 2008 of two counts of Criminal Distribution of Dangerous Drugs, a felony in violation of § 45-9-101, MCA. Reichmand appeals from the conviction, from the restitution condition of his sentence, and…”

Show all 116 citing cases →

— Mont. Code Ann. § 45-9-101(1) — 28 cases

State v. C. Christensen, 2020 MT 237 (Mont. 2020). “ppeals a judgment following a jury trial in Montana’s Twenty-First Judicial District Court, in which Christensen was found guilty of two counts of Negligent Homicide, felonies, in violation of § 45-5-104, MCA; nine counts of Criminal Endangerment, felonies, in violation of §…”

State v. Brown, 755 P.2d 1364 (Mont. 1988). “In Starr , the defendant asserted that § 45-9-101, MCA, was unconstitutionally vague.”

Montana Cannabis Indus. Ass'n v. State, 2016 MT 44 (Mont. 2016). “Opinion, ¶ 29 (“The careful regulation of access to an otherwise illegal substance for limited use by persons for whom there is little or no other effective alternative serves a legitimate state objective.”

State v. Hamper, 2008 MT 296 (Mont. 2008). “Instead, and without considering the nature or purpose of the conversations, the Court issues the sweeping proposition that there is an expectation of privacy in “face-to-face conversations” held in 1 Pursuant to § 45-9-101(1), MCA, a person commits the offense of criminal…”

State v. Burch, 2008 MT 118 (Mont. 2008).

— Mont. Code Ann. § 45-9-101(2) — 2 cases

State v. Fox, 386 Mont. 40 (Mont. 2016).

— Mont. Code Ann. § 45-9-101(3) — 3 cases

State v. Sprinkle, 2000 MT 188 (Mont. 2000). “¶1 By Information filed in the District Court for the First Judicial District in Lewis and Clark County, the State charged the Defendant, Corey Alan Sprinkle, with criminal sale of dangerous drugs, a felony, in violation of § 45-9-101, MCA; criminal possession of dangerous…”

State v. Vandersloot, 2003 MT 179 (Mont. 2003).

State v. Coleman, 616 P.2d 1090 (Mont. 1980).

— Mont. Code Ann. § 45-9-101(4) — 7 cases

State v. Arbgast, 656 P.2d 828 (Mont. 1983). “Whether the District Court abused its discretion in denying defendant’s motion to withdraw her guilty plea and refusing to set aside the plea bargain agreement.”

State v. Otto, 2014 MT 20 (Mont. 2014).

State v. Novak, 2008 MT 157 (Mont. 2008).

State v. Wright, 2002 MT 275 (Mont. 2002).

— Mont. Code Ann. § 45-9-101(6) — 1 case

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