Can I still get fined for legal marijuana in Montana?

As of 2021, it is no longer illegal for adults in Montana to recreationally use, possess, and even grow marijuana under the newly-approved ballot Initiative 190 (I-190). But while the passing of I-190 has huge potential for both recreational and medical marijuana users alike, that doesn’t mean you can’t still be fined or even charged for marijuana-related offenses.  

I-190 has reshaped Montana law to remove criminal penalties for the possession and use of up to 1 ounce of marijuana and 8 grams of concentrate for adults 21 and over. In addition to legalizing recreational use, it also allows for people to grow their own marijuana plants, and even lets those convicted of past marijuana crimes to seek resentencing or expungement. For more information on Initiative 190, check out: Everything you need to know about legal marijuana in Montana.

But don’t get too excited just yet. Despite Montana legalizing recreational marijuana, violating the provisions of I-190 can still carry some pretty hefty fines, and the possession of marijuana remains illegal in many circumstances.

Fines & Penalties for Violating I-190

•       Possession of more than 1 ounce of marijuana or 8 grams of concentrate: max fine of $200 or completion of up to 4 hours of community service

•       Growing marijuana for personal use outside of a locked space: max fine of $250 and forfeiture of the marijuana and plants. 

•       Smoking marijuana in a public place: max fine of $50. 

•       Possession or use of marijuana while under 21: max fine of $100 or completion of up to 4 hours of drug education or counseling. [source]

Outside of the fines and penalties for violating I-190 listed above, all other marijuana-related offenses remain illegal and anyone caught breaking these laws will be charged with a crime. Despite voter’s approval of recreational marijuana, Montana still has some of the most severe and punishable marijuana laws in the country. Being charged with a marijuana-related crime has the potential to change your life, and can have many long-term effects including hefty fines and even jail time.

If you’ve been charged for the possession of marijuana in Bozeman or anywhere else in Montana, finding an attorney to represent you is the first step to getting your record clean. Emma Buescher is an experienced attorney who represents clients in Montana who have been charged with possession of marijuana or any other marijuana offense.

This blog post is not legal advice and specific legal advice varies on a case by case basis. Contact a criminal defense attorney for help.