Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 9. DANGEROUS DRUGS · Part 2. Procedural Provisions
Montana Code Annotated

Mont. Code Ann. § 45-9-206 (2026)

Use Or Possession Of Property Subject To Criminal Forfeiture -- Property Subject To Criminal Forfeiture

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 9
  4. Part 2
  5. 45-9-206 Use or possession of property subject to criminal forfeiture -- property subject to criminal forfeiture

TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 2. Procedural Provisions

Use Or Possession Of Property Subject To Criminal Forfeiture -- Property Subject To Criminal Forfeiture

45-9-206. Use or possession of property subject to criminal forfeiture -- property subject to criminal forfeiture. (1) A person commits the offense of use or possession of property subject to criminal forfeiture if the person knowingly possesses, owns, uses, or attempts to use property that is subject to criminal forfeiture under this section. A person convicted of the offense of use or possession of property subject to criminal forfeiture shall be imprisoned in the state prison for a term not to exceed 10 years. Upon conviction, the property subject to criminal forfeiture is forfeited to the state and must be disposed of in accordance with the provisions of 44-12-212 and 44-12-213.

(2) A person charged with an offense pursuant to this section may request a pretrial forfeiture hearing pursuant to 44-12-209.

(3) The following property is subject to criminal forfeiture under this section:

(a) money, raw materials, products, equipment, and other property of any kind that is used or intended for use in manufacturing, preparing, cultivating, compounding, processing, delivering, importing, or exporting a dangerous drug in violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110;

(b) property used or intended for use as a container for property enumerated in subsection (3)(a);

(c) a conveyance, including an aircraft, vehicle, or vessel, used or intended for use to facilitate a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110;

(d) books, records, research products and materials, formulas, microfilm, tapes, and data used or intended for use in connection with a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110;

(e) (i) everything of value furnished or intended to be furnished in exchange for a dangerous drug in violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110; and

(ii) all proceeds traceable to such an exchange;

(f) money, negotiable instruments, securities, and weapons used or intended to be used to facilitate a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110;

(g) personal property constituting or derived from proceeds obtained directly or indirectly from a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110; and

(h) real property, including any right, title, and interest in a lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner to facilitate a violation of or that is derived from or maintained by proceeds resulting from a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110.

(4) Property subject to criminal forfeiture under this section may be seized under the following circumstances:

(a) A peace officer who has probable cause to make an arrest for a violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy was a violation of 45-9-101, 45-9-103, or 45-9-110 may seize a conveyance obtained with proceeds of the violation or used to facilitate the violation and shall immediately deliver the conveyance to the peace officer's law enforcement agency, to be held as evidence until a criminal forfeiture is declared or release ordered.

(b) Property subject to criminal forfeiture under this section may be seized by a peace officer under a search warrant issued by a court having jurisdiction over the property.

(c) Seizure without a warrant may be made if:

(i) the seizure is incident to an arrest or a search under a search warrant issued for another purpose or an inspection under an administrative inspection warrant;

(ii) the property was the subject of a prior judgment in favor of the state in a criminal proceeding or a criminal forfeiture proceeding based on this section or on Title 44, chapter 12;

(iii) a peace officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(iv) a peace officer has probable cause to believe that the property was used or is intended to be used in violation of 45-9-101, 45-9-103, or 45-9-110 or of 45-4-102 when the object of the conspiracy is a violation of 45-9-101, 45-9-103, or 45-9-110.

(5) As used in this section, "dangerous drug" means a substance designated as a dangerous drug under Title 50, chapter 32, parts 1 and 2.

(6) A prosecution under subsection (1) must be commenced within 45 days of the seizure of the property involved.

(7) A bona fide security interest is not subject to forfeiture unless the person claiming a security interest had actual knowledge, as defined in 44-12-101, that the property was subject to forfeiture at the time that the property was seized under this chapter. A person claiming a security interest bears the burden of production and must establish the validity of the interest by clear and convincing evidence.

(8) The property of an innocent owner is not subject to forfeiture under this section. A property owner or person with an ownership interest in property subject to forfeiture must be declared an innocent owner if:

(a) the property owner or person with an ownership interest in the property can establish a legal right, title, or interest in the seized property; and

(b) the state is unable to prove by clear and convincing evidence that the owner or person with an ownership interest in the property had actual knowledge, as defined in 44-12-101, of the crime associated with a forfeiture proceeding.

History: En. Sec. 1, Ch. 537, L. 1995; amd. Sec. 11, Ch. 421, L. 2015.

Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 1998–2025 · leading case: State v. Minez, 2003 MT 344 (Mont. 2003).
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State v. Minez, 2003 MT 344 (Mont. 2003). · cites it 20× “Here, by contrast, § 45-9-206, M.C.A. (the *8 criminal forfeiture statute) alludes directly to § 45-9-110, M.”
State v. Crawford, 2002 MT 117 (Mont. 2002). · cites it 20× “¶ 21 In response, the State argues that because possession of any amount of proceeds from an illegal drug sale violated § 45-9-206, MCA, the amount identified in Count III is not an element of the crime, or even a material component of the charge or the instruction, and thus the…”
State v. Buckles, 420 P.3d 511 (Mont. 2018). · cites it 10× “Because the probative value is not outweighed by the danger of unfair prejudice, I would affirm the jury conviction under § 45-9-206, MCA. A. The subsequent drug charges were relevant to show intent on the criminal forfeiture charge.”
State v. Hegg, 1998 MT 100 (Mont. 1998). · cites it 19× “¶5 On August 21,1995, Hegg was charged by information with four counts of felony criminal possession with intent to sell, pursuant to § 45-9-103, MCA, one count of misdemeanor criminal possession of drug paraphernalia, pursuant to § 45-10-103, MCA, and one count of felony…”
State v. J. Carrywater, 2022 MT 131 (Mont. 2022). · cites it 2× “4 ¶9 On May 13, 2019, the State filed an Information charging Carrywater with the following: Count I: Criminal Possession of Dangerous Drugs, a felony, in violation of § 45-9-102, MCA; and Count II: Use or Possession of Property Subject to Criminal Forfeiture, a felony, in…”
State v. Griffin, 2004 MT 331 (Mont. 2004). · cites it 2× “¶8 Griffin was charged with four felony counts: Count I, Operation of an Unlawful Clandestine Laboratory, in violation of § 45-9-132, MCA; Count II, Criminal Possession of Dangerous Drugs with Intent to Sell, in violation of § 45-9-103, MCA; Count III, Criminal Possession of…”
State v. Pipkin, 1998 MT 143 (Mont. 1998). · cites it 2× “udicial District in Sanders County in which it charged the defendant, Joni Marie Pipkin, with manufacture of dangerous drugs in violation of § 45-9-110, MCA; criminal possession of dangerous drugs in violation of § 45-9-102, MCA; criminal possession with intent to sell in…”
State v. Roper, 2001 MT 96 (Mont. 2001). “¶1 The Defendant, Robert Roper was charged by information in the District Court for the Second Judicial District in Silver Bow County with Criminal Possession of Dangerous Drugs with the Intent to Distribute in violation, of §45-9-103(1), MCA, Use or Possession of Property…”
State v. Davis, 2012 MT 129 (Mont. 2012). · cites it 2× “Because his truck was driven to one of the sales, he was also charged with felony possession of property subject to criminal forfeiture pursuant to § 45-9-206, MCA. ¶7 Davis moved to dismiss his charges, arguing that there was insufficient evidence to charge him with either…”
State v. Lambert, 2010 MT 287 (Mont. 2010). “¶4 Lambert and the State entered into a plea agreement whereby Lambert pled guilty to three felonies: Assault on Peace Officer or Judicial Officer, in violation of § 45-5-210(l)(b), MCAC1997); 1 Criminal Possession of Dangerous Drugs, in violation of § 45-9-102, MCA (1997); and…”
State v. Crawford, 2002 MT 157N (Mont. 2002). · cites it 2× “ng an evidentiary hearing? 2 FACTUAL AND PROCEDURAL BACKGROUND ¶6 On August 22, 2000, the State filed an Information against William Crawford, charging him with one count of criminal production or manufacture of dangerous drugs, a felony, in violation of § 45-9-110(1), MCA, and…”
State v. P. Gribble, 2018 MT 90N (Mont. 2018). · cites it 2× “On April 20, 2016, the District Court denied Gribble’s motion to dismiss. On April 22, 2016, Gribble filed a second motion to dismiss, arguing the State did not initiate charges against him within the statute of limitations pursuant to § 45-9-206(6), MCA.”
Show all 21 citing cases →
— Mont. Code Ann. § 45-9-206(1) — 10 cases
State v. Minez, 2003 MT 344 (Mont. 2003). “Here, by contrast, § 45-9-206, M.C.A. (the *8 criminal forfeiture statute) alludes directly to § 45-9-110, M.”
State v. Crawford, 2002 MT 117 (Mont. 2002). “¶ 21 In response, the State argues that because possession of any amount of proceeds from an illegal drug sale violated § 45-9-206, MCA, the amount identified in Count III is not an element of the crime, or even a material component of the charge or the instruction, and thus the…”
State v. Buckles, 420 P.3d 511 (Mont. 2018). “Because the probative value is not outweighed by the danger of unfair prejudice, I would affirm the jury conviction under § 45-9-206, MCA. A. The subsequent drug charges were relevant to show intent on the criminal forfeiture charge.”
State v. Roper, 2001 MT 96 (Mont. 2001). “¶1 The Defendant, Robert Roper was charged by information in the District Court for the Second Judicial District in Silver Bow County with Criminal Possession of Dangerous Drugs with the Intent to Distribute in violation, of §45-9-103(1), MCA, Use or Possession of Property…”
State v. Lambert, 2010 MT 287 (Mont. 2010). “¶4 Lambert and the State entered into a plea agreement whereby Lambert pled guilty to three felonies: Assault on Peace Officer or Judicial Officer, in violation of § 45-5-210(l)(b), MCAC1997); 1 Criminal Possession of Dangerous Drugs, in violation of § 45-9-102, MCA (1997); and…”
— Mont. Code Ann. § 45-9-206(2)(a) — 1 case
State v. Minez, 2003 MT 344 (Mont. 2003). “Here, by contrast, § 45-9-206, M.C.A. (the *8 criminal forfeiture statute) alludes directly to § 45-9-110, M.”
— Mont. Code Ann. § 45-9-206(2)(e)(i) — 1 case
State v. Crawford, 2002 MT 117 (Mont. 2002). “¶ 21 In response, the State argues that because possession of any amount of proceeds from an illegal drug sale violated § 45-9-206, MCA, the amount identified in Count III is not an element of the crime, or even a material component of the charge or the instruction, and thus the…”
— Mont. Code Ann. § 45-9-206(3)(a) — 1 case
State v. Buckles, 420 P.3d 511 (Mont. 2018). “Because the probative value is not outweighed by the danger of unfair prejudice, I would affirm the jury conviction under § 45-9-206, MCA. A. The subsequent drug charges were relevant to show intent on the criminal forfeiture charge.”
— Mont. Code Ann. § 45-9-206(6) — 1 case
State v. P. Gribble, 2018 MT 90N (Mont. 2018). “On April 20, 2016, the District Court denied Gribble’s motion to dismiss. On April 22, 2016, Gribble filed a second motion to dismiss, arguing the State did not initiate charges against him within the statute of limitations pursuant to § 45-9-206(6), MCA.”
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