Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 9. DANGEROUS DRUGS · Part 1. Offenses Involving Dangerous Drugs
Montana Code Annotated

Mont. Code Ann. § 45-9-107 (2026)

Criminal Possession Of Precursors To Dangerous Drugs

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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 9
  4. Part 1
  5. 45-9-107 Criminal possession of precursors to dangerous drugs

TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 1. Offenses Involving Dangerous Drugs

Criminal Possession Of Precursors To Dangerous Drugs

45-9-107. Criminal possession of precursors to dangerous drugs. (1) Except as provided in 50-32-609, a person commits the offense of criminal possession of precursors to dangerous drugs if:

(a) the person possesses any material, compound, mixture, or preparation that contains any combination of the following with intent to manufacture dangerous drugs:

(i) phenyl-2-propanone (phenylacetone);

(ii) piperidine in conjunction with cyclohexanone;

(iii) ephedrine;

(iv) lead acetate;

(v) methylamine;

(vi) methylformamide;

(vii) n-methylephedrine;

(viii) phenylpropanolamine;

(ix) pseudoephedrine;

(x) anhydrous ammonia;

(xi) hydriodic acid;

(xii) red phosphorus;

(xiii) iodine in conjunction with ephedrine, pseudoephedrine, or red phosphorus;

(xiv) lithium in conjunction with anhydrous ammonia; or

(b) the person knowingly possesses anhydrous ammonia for the purpose of manufacturing dangerous drugs.

(2) A person convicted of criminal possession of precursors to dangerous drugs shall be imprisoned in the state prison for a term not less than 2 years or more than 20 years or be fined an amount not to exceed $50,000, or both.

History: En. Sec. 1, Ch. 291, L. 1979; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 202, L. 1989; amd. Sec. 1, Ch. 24, L. 1999; amd. Sec. 2, Ch. 137, L. 2005; amd. Sec. 15, Ch. 253, L. 2017.

Notes of Decisions
Cited in 7 cases, 2003–2012 · leading case: State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89.
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State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. · cites it 48× “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
State v. Becker, 2005 MT 75, 110 P.3d 1. · cites it 8× “The same cannot be said, however, for Becker's conviction for possession of precursors to dangerous drugs because a defendant who processes methamphetamine by cutting or diluting it with some inert ingredient commits the offense of criminal production or manufacture of dangerous…”
State v. Galpin, 2003 MT 324, 80 P.3d 1207. · cites it 7× “” As set forth in the Compiler’s Comments to § 45-9-107, MCA, “[c]onviction under this section requires proof of (1) possession, as that *327 term is defined in 45-2-101 of (2) any of the named combinations of chemicals, as well as (3) intent to manufacture.”
State v. Olson, 2003 MT 61, 66 P.3d 297. · cites it 4× “On November 13, 2001, the State filed an amended information, which charged Olson with the additional offense of criminal possession of precursors to dangerous drugs, a felony, in violation of § 45-9-107(1)(n), MCA (1999). The District Court denied Olson's motion to suppress…”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). · cites it 2× “Section 45-9-107, MCA, provides a list of "precursors to dangerous drugs," a term used in both §§ 45-9-131 and -132, MCA (2001): (1) A person commits the offense of criminal possession of precursors to dangerous drugs if the person possesses any material, compound, mixture, or…”
State v. Leeson, 2003 MT 354, 82 P.3d 16. · cites it 3× “Section 45-9-107, MCA, provides a list of “precursors to dangerous drugs,” a term used in both §§ 45-9-131 and -132, MCA (2001): (1) A person commits the offense of criminal possession of precursors to dangerous drugs if the person possesses any material, compound, mixture, or…”
Galpin v. State, 2006 MT 108N. · cites it 2× “See § 45-9-107, MCA, and § 45-9-110, MCA. Therefore Galpin’s double jeopardy claim is meritless.”
Mont. Code Ann. § 45-9-107(1): 2 cases
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
State v. Galpin, 2003 MT 324, 80 P.3d 1207. “” As set forth in the Compiler’s Comments to § 45-9-107, MCA, “[c]onviction under this section requires proof of (1) possession, as that *327 term is defined in 45-2-101 of (2) any of the named combinations of chemicals, as well as (3) intent to manufacture.”
Mont. Code Ann. § 45-9-107(1)(a): 1 case
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
Mont. Code Ann. § 45-9-107(1)(a)(xiii): 1 case
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
Mont. Code Ann. § 45-9-107(1)(a)(xiv): 1 case
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
Mont. Code Ann. § 45-9-107(1)(i): 1 case
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
Mont. Code Ann. § 45-9-107(1)(n): 2 cases
State v. Becker, 2005 MT 75, 110 P.3d 1. “The same cannot be said, however, for Becker's conviction for possession of precursors to dangerous drugs because a defendant who processes methamphetamine by cutting or diluting it with some inert ingredient commits the offense of criminal production or manufacture of dangerous…”
State v. Olson, 2003 MT 61, 66 P.3d 297. “On November 13, 2001, the State filed an amended information, which charged Olson with the additional offense of criminal possession of precursors to dangerous drugs, a felony, in violation of § 45-9-107(1)(n), MCA (1999). The District Court denied Olson's motion to suppress…”
Mont. Code Ann. § 45-9-107(l)(a): 1 case
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
Mont. Code Ann. § 45-9-107(l)(a)(xiii): 1 case
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
Mont. Code Ann. § 45-9-107(l)(a)(xiv): 1 case
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
Mont. Code Ann. § 45-9-107(l)(i): 1 case
State v. Jimmy Booth Jr., 2012 MT 40, 272 P.3d 89. “(Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II).”
Mont. Code Ann. § 45-9-107(l)(n): 1 case
State v. Olson, 2003 MT 61, 66 P.3d 297. “On November 13, 2001, the State filed an amended information, which charged Olson with the additional offense of criminal possession of precursors to dangerous drugs, a felony, in violation of § 45-9-107(1)(n), MCA (1999). The District Court denied Olson's motion to suppress…”
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