Montana Code Annotated

Mont. Code Ann. § 45-9-103 (2026)

Criminal Possession With Intent To Distribute

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 1. Offenses Involving Dangerous Drugs

Criminal Possession With Intent To Distribute

45-9-103. Criminal possession with intent to distribute. (1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101 in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12.

(2) Except as provided in subsection (3), a person convicted of criminal possession with intent to distribute shall be imprisoned in the state prison for a term of not more than 20 years or be fined an amount not to exceed $50,000, or both.

(3) A person convicted of criminal possession with intent to distribute fentanyl 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.

(4) 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. 54-133.1 by Sec. 1, Ch. 545, L. 1975; amd. Sec. 3, Ch. 584, L. 1977; R.C.M. 1947, 54-133.1; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 18, Ch. 3, L. 1985; amd. Sec. 1, Ch. 162, L. 1987; amd. Sec. 12, Ch. 432, L. 1999; amd. Sec. 89, Ch. 114, L. 2003; amd. Sec. 13, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 3, Ch. 135, L. 2013; amd. Sec. 21, Ch. 321, L. 2017; amd. Sec. 43, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 71, Ch. 576, L. 2021; amd. Sec. 2, Ch. 543, L. 2023.

Notes of Decisions

Cited in 83 cases (10 in the last 5 years), 1982–2026 · leading case: State v. Derbyshire, 2009 MT 27 (Mont. 2009).

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State v. Derbyshire, 2009 MT 27 (Mont. 2009). · cites it 20× “¶1 James Derbyshire was convicted in the Eighth Judicial District Court, Cascade County, of one count of criminal possession of dangerous drugs (marijuana) with intent to distribute, a felony, in violation of § 45-9-103, MCA (2005). He appeals, arguing that the District Court…”

State v. Paulson, 817 P.2d 1137 (Mont. 1991). · cites it 14× “Defendant, Curtis Alan Paulson, was convicted of the offense of criminal possession of dangerous drugs with the intent to sell, a felony pursuant to § 45-9-103, MCA, following a jury trial in the District Court for the Eighth Judicial District, Cascade County.”

State v. Hulbert, 877 P.2d 25 (Mont. 1994). · cites it 20× “The issues are: I Was the January 12, 1993, search warrant based on probable cause? II Was the State required to prove that Hulbert had in excess of one kilogram of marijuana to charge and convict him of criminal possession with the intent to sell pursuant to § 45-9-103(1), MCA?…”

State v. Peterson, 741 P.2d 392 (Mont. 1987). · cites it 15× “*395 Issue 3 Did the District Court err when it denied defendant's jury instruction of a lesser included offense? Defendant was charged with the offenses of possession of dangerous drugs (Count II) in violation of § 45-9-102, MCA, and possession of dangerous drugs with intent to…”

State v. Tackitt, 2003 MT 81 (Mont. 2003). · cites it 4× “¶ 9 Based on this evidence, Tackitt was charged with criminal possession of dangerous drugs with intent to distribute, a felony in violation of § 45-9-103, MCA. Tackitt then filed a motion to suppress the evidence discovered at his residence on the grounds that the use of Dantz…”

State v. Kelly, 668 P.2d 1032 (Mont. 1983). · cites it 6× “The code compiler lists these elements as necessary to a conviction for criminal possession of dangerous drugs with intent to sell: (1) knowing (2) control of a (3) dangerous drug for a sufficient time to be able to terminate control, as well as (4) intent to sell the drug.”

State v. Ellerbee, 434 P.3d 910 (Mont. 2019). · cites it 6× “¶9 On September 14, 2015, the State charged Ellerbee with one count of criminal possession of dangerous drugs with intent to distribute, a felony in violation of § 45-9-103, MCA. On March 29-30, 2016, the case proceeded to a jury trial.”

State v. Siegal, 934 P.2d 176 (Mont. 1997). · cites it 4× “On August 30, 1994, Jones, McIntyre and Siegal were charged by information with Criminal Possession with Intent to Sell, a felony, in violation of § 45-9-103, MCA, and Criminal Production or Manufacture of Dangerous Drugs, a felony, in violation of § 45-9-110, MCA.”

State v. Garberding, 801 P.2d 583 (Mont. 1990). · cites it 12× “Garberding was charged in a four-count information with the crimes of: Count I Criminal Possession of Dangerous Drugs with Intent to Sell, a felony, § 45-9-103, MCA; Count II Criminal Possession of Dangerous Drugs, a felony, § 45-9-102, MCA; Count III Criminal Sale of…”

State v. Gittens, 2008 MT 55 (Mont. 2008). · cites it 4× “¶ 6 The State charged Gittens, by Information, with Count Icriminal possession of dangerous drugs with intent to distribute, a felony in violation of § 45-9-103, MCA, and Count IIcriminal possession of drug paraphernalia, a misdemeanor in violation of § 45-10-103, MCA.”

State v. Rathbun, 2003 MT 210 (Mont. 2003). · cites it 17× “The relevant portion of the applicable statute, § 45-9-103, MCA, Criminal Possession with Intent to Distribute, provides: (1) A person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as…”

State v. Anderson, 853 P.2d 1245 (Mont. 1993). · cites it 8× “Defendant Robert Duane Anderson was convicted in the Nineteenth Judicial District, Lincoln County, of Criminal Possession of Dangerous Drugs with Intent to Sell in violation of § 45-9-103, MCA. Anderson appeals from the District Court's denial of his motion to suppress evidence…”

Show all 83 citing cases →

— Mont. Code Ann. § 45-9-103(1) — 20 cases

State v. Derbyshire, 2009 MT 27 (Mont. 2009). “¶1 James Derbyshire was convicted in the Eighth Judicial District Court, Cascade County, of one count of criminal possession of dangerous drugs (marijuana) with intent to distribute, a felony, in violation of § 45-9-103, MCA (2005). He appeals, arguing that the District Court…”

State v. Hulbert, 877 P.2d 25 (Mont. 1994). “The issues are: I Was the January 12, 1993, search warrant based on probable cause? II Was the State required to prove that Hulbert had in excess of one kilogram of marijuana to charge and convict him of criminal possession with the intent to sell pursuant to § 45-9-103(1), MCA?…”

State v. Allen, 844 P.2d 105 (Mont. 1992).

State v. Isom, 641 P.2d 417 (Mont. 1982).

State v. Gouras, 2004 MT 329 (Mont. 2004).

— Mont. Code Ann. § 45-9-103(2) — 1 case

State v. J. McElroy, 2024 MT 133 (Mont. 2024).

— Mont. Code Ann. § 45-9-103(3) — 6 cases

State v. Paulson, 817 P.2d 1137 (Mont. 1991). “Defendant, Curtis Alan Paulson, was convicted of the offense of criminal possession of dangerous drugs with the intent to sell, a felony pursuant to § 45-9-103, MCA, following a jury trial in the District Court for the Eighth Judicial District, Cascade County.”

State v. Rathbun, 2003 MT 210 (Mont. 2003). “The relevant portion of the applicable statute, § 45-9-103, MCA, Criminal Possession with Intent to Distribute, provides: (1) A person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as…”

State v. Harper, 2006 MT 259 (Mont. 2006).

State v. M. Long, 2021 MT 114N (Mont. 2021).

State v. Garrison, 386 Mont. 104 (Mont. 2016).

— Mont. Code Ann. § 45-9-103(b) — 2 cases

State v. Warren, 377 Mont. 72 (Mont. 2014).

State v. Warren, 377 Mont. 101 (Mont. 2014).

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