Montana Code Annotated

Mont. Code Ann. § 45-9-130 (2026)

Mandatory Fine For Possession And Storage Of Dangerous Drugs -- Disposition Of Proceeds

✓ current as of May 2026

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TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 1. Offenses Involving Dangerous Drugs

Mandatory Fine For Possession And Storage Of Dangerous Drugs -- Disposition Of Proceeds

45-9-130. Mandatory fine for possession and storage of dangerous drugs -- disposition of proceeds. (1) In addition to the punishments and fines set forth in this part, the court shall fine each person found to have possessed or stored dangerous drugs 35% of the market value of the drugs as determined by the court.

(2) The fines collected pursuant to subsection (1) during each calendar year must be transmitted by the clerk of court to the department of revenue no later than 10 days following the end of the calendar year. The department shall deposit the fines in the state general fund.

History: En. Sec. 1, Ch. 446, L. 1995; amd. Sec. 23, Ch. 257, L. 2001.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2001–2024 · leading case: State v. T. Le, 2017 MT 82 (Mont. 2017).

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State v. T. Le, 2017 MT 82 (Mont. 2017). · cites it 19× “¶1 Defendant, Tam Thanh Le (Le), appeals from the sentence *225 imposed by the Seventh Judicial District Court, Dawson County, for his conviction of Criminal Possession of Dangerous Drugs, which included a $15,000 fine imposed pursuant to § 45-9-130, MCA. We affirm and address…”

State v. R. Gibbons, 2024 MT 63 (Mont. 2024). · cites it 8× “In Yang, the statute at issue, § 45-9-130(1), MCA, had no limit on the mandatory 35%-market-value fine that must be imposed, and we noted its distinction from other statutes which provided a range for fines that included a mandatory minimum.”

State v. M. Wilson, 2020 MT 207N (Mont. 2020). · cites it 16× “Pursuant to § 45-9-130, MCA, the District Court also imposed a mandatory fine of $97,125 with all but $5,000 suspended, an amount based on 35% of the market value of the possessed marijuana.”

State v. M. Long, 2021 MT 114N (Mont. 2021). · cites it 7× “Section 45-9-130(1), MCA, provides that, “[i]n addition to the punishments and fines set forth in this part, the court shall fine each person found to have possessed or stored dangerous drugs 35% of the market value of the drugs as determined by the court.” Long relies on this…”

Matter of Courts of Ltd. Jurisdi (Mont. 2010). · cites it 6× “OF HASHISH • Fine of 35% of the market value of the drugs • Fine of 35% of the market value of the drugs as determined by the Court pursuant to as determined by the Court pursuant to § 45-9-130, to be sent to the Department of § 45-9-130, to be sent to the Department of Revenue…”

State v. Mitchell, 2001 MT 158N (Mont. 2001). · cites it 4× “Mitchell was also to pay 35 percent of the market value of the marijuana in her possession, pursuant to § 45-9-130, MCA, and one-half of the cash seized in the Winnebago was forfeited in a separate civil proceeding.”

State v. Booher, 377 Mont. 104 (Mont. 2014). · cites it 3× “Count I: Criminal Endangennent, a felony, in violation of Section 45-5-207, MCA; Count II: Assault on a Peace Officer, a felony, in violation of Section 45-5-210, MCA; Count HI: Assault on a Peace Officer, a felony, in violation of Section 45-5-210, MCA; and Count VII: Criminal…”

— Mont. Code Ann. § 45-9-130(1) — 4 cases

State v. R. Gibbons, 2024 MT 63 (Mont. 2024). “In Yang, the statute at issue, § 45-9-130(1), MCA, had no limit on the mandatory 35%-market-value fine that must be imposed, and we noted its distinction from other statutes which provided a range for fines that included a mandatory minimum.”

State v. T. Le, 2017 MT 82 (Mont. 2017). “¶1 Defendant, Tam Thanh Le (Le), appeals from the sentence *225 imposed by the Seventh Judicial District Court, Dawson County, for his conviction of Criminal Possession of Dangerous Drugs, which included a $15,000 fine imposed pursuant to § 45-9-130, MCA. We affirm and address…”

State v. M. Wilson, 2020 MT 207N (Mont. 2020). “Pursuant to § 45-9-130, MCA, the District Court also imposed a mandatory fine of $97,125 with all but $5,000 suspended, an amount based on 35% of the market value of the possessed marijuana.”

State v. M. Long, 2021 MT 114N (Mont. 2021). “Section 45-9-130(1), MCA, provides that, “[i]n addition to the punishments and fines set forth in this part, the court shall fine each person found to have possessed or stored dangerous drugs 35% of the market value of the drugs as determined by the court.” Long relies on this…”

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