Selling Drugs
MCA 45-9-101 — distribution up to 25 years, possession with intent up to 20, and 2 to 40 for fentanyl
Selling, bartering, exchanging, giving away or offering any dangerous drug, outside what the marijuana law allows, is criminal distribution. Giving away or sharing is sentenced as possession.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
| Offense | Up to |
|---|---|
| OffenseDistribution, generally | Up to25 years and $50,000 |
| OffenseDistribution by an adult to a minor, first offense | Up to40 years and $50,000 |
| OffenseDistribution resulting in a death | Up to100 years and $100,000 |
| OffensePossession with intent to distribute | Up to20 years and $50,000 |
| OffensePossession with intent to distribute fentanyl | Up to2 to 40 years and $50,000 |
Possessing precursor chemicals such as pseudoephedrine, red phosphorus or anhydrous ammonia with intent to manufacture dangerous drugs carries 2 to 20 years in prison, a fine up to $50,000, or both.
Sources for this section (3)
- MCA 45-9-101 — Criminal distribution of dangerous drugs
- MCA 45-9-103 — Criminal possession with intent to distribute
- MCA 45-9-107 — Criminal possession of precursors to dangerous drugs
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.