45-9-110. Criminal production or manufacture of dangerous drugs. (1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal production or manufacture of dangerous drugs if the person knowingly or purposely produces, manufactures, prepares, cultivates, compounds, or processes a dangerous drug, as defined in 50-32-101.
(2) A person convicted of criminal production or manufacture of dangerous drugs, as defined in 50-32-101, shall be imprisoned in the state prison for a term of not more than 25 years and may be fined an amount not to exceed $50,000.
(3) A person convicted of production of marijuana or tetrahydrocannabinol in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12, or manufacture without the appropriate license pursuant to Title 16, chapter 12, shall be imprisoned in the state prison for a term of not more than 5 years and may be fined an amount not to exceed $5,000, except that if the total weight is more than a pound or the number of plants is more than 30, the person shall be imprisoned in the state prison for a term of not more than 25 years and may be fined an amount not to exceed $50,000. "Weight" means the weight of the dry plant and includes the leaves and stem structure but does not include the root structure.
(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. Sec. 1, Ch. 448, L. 1993; amd. Sec. 90, Ch. 114, L. 2003; amd. Sec. 14, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 4, Ch. 156, L. 2011; amd. Sec. 4, Ch. 135, L. 2013; amd. Sec. 22, Ch. 321, L. 2017; amd. Sec. 44, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 72, Ch. 576, L. 2021.
Structure Montana Code Annotated
Part 1. Offenses Involving Dangerous Drugs
45-9-101. Criminal distribution of dangerous drugs
45-9-102. Criminal possession of dangerous drugs
45-9-103. Criminal possession with intent to distribute
45-9-104. Fraudulently obtaining dangerous drugs
45-9-105. Altering labels on dangerous drugs
45-9-106. Penalty for fraudulently obtaining dangerous drugs or altering labels of dangerous drugs
45-9-107. Criminal possession of precursors to dangerous drugs
45-9-110. Criminal production or manufacture of dangerous drugs
45-9-111. Imitation dangerous drugs -- definitions
45-9-112. Criminal distribution of imitation dangerous drug -- penalty
45-9-113. Criminal possession of imitation dangerous drug with the purpose to distribute -- penalty
45-9-114. Criminal advertisement of imitation dangerous drug -- penalty
45-9-115. Criminal manufacture of imitation dangerous drug -- penalty
45-9-116. Imitation dangerous drugs -- exemptions -- rules
45-9-117. through 45-9-120 reserved
45-9-121. Criminal possession of toxic substance -- penalty
45-9-122. through 45-9-124 reserved
45-9-125. Continuing criminal enterprise -- penalty
45-9-127. Carrying dangerous drugs on train -- penalty
45-9-128. and 45-9-129 reserved
45-9-130. Mandatory fine for possession and storage of dangerous drugs -- disposition of proceeds
45-9-132. Operation of unlawful clandestine laboratory -- penalties