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Montana Drug Possession Attorneys

Angel, Coil & Bartlett

What is a Criminal Possession of Dangerous Drugs and Possession of Drug Paraphernalia Charge in Montana?

Criminal Possession of Dangerous Drugs and Possession of Drug Paraphernalia are Montana crimes charged when a person illegally possess drugs and/or drug paraphernalia. Whether a person is charged with a misdemeanor or felony offense for Criminal Possession of Dangerous Drugs depends on the type and amount of drug possessed. Possession of Drug Paraphernalia is a misdemeanor offense in Montana.

What Should I Bring to My First Meeting with Your Office?

You should bring all of the court-related documents you have received from law enforcement and the Court. This may include the charging document (citation, complaint or felony information), a copy of your bond conditions if you have seen a judge, and the document informing you of your next court hearing.

What are Examples of Drugs that are Illegal to Possess in Montana?

While the number of drugs deemed illegal to possess in the state of Montana is extensive, the following is a list of the most typical drug possession charges we see.

  • Marijuana (without a valid medical marijuana card)
  • Synthetic cannabinoids (synthetic marijuana)
  • Hash (i.e., hashish)
  • Prescription medication (without a prescription by a licensed physician)
  • Anabolic steroids (depending on type)
  • Methamphetamine (i.e., speed, crank, meth)
  • Opiates & opium derivatives (either natural or synthetic)
  • Cocaine
  • Heroin
  • Hallucinogenic substances (e.g., LSD, psilocybin mushrooms)
  • Ecstasy (i.e., MDMA)
What are the Potential State of Montana (Non-Federal Government) Penalties for Criminal Possession of Dangerous Drugs?

A person convicted of criminal possession of marijuana or its derivatives that does not exceed 60 grams of marijuana or 1 gram of hashish:

  • For a first offense, the person faces a fine of up to $500.
  • For a second offense, the person faces a fine of up to $500 and/or imprisonment in the county jail not to exceed 6 months.
  • For a third or subsequent offense, the person faces a fine of up to $1,000 and/or imprisonment in the county jail not to exceed 1 year.

For possession of all other illegal drugs, the person is guilty of a felony and faces a fine of up to $5,000 and/or imprisonment in the state prison not to exceed 5 years.

A person convicted of a first offense for possession of dangerous drugs is presumed to be entitled to a deferred imposition of sentence of imprisonment.

What are the Potential Penalties for Possession of Drug Paraphernalia?

A person convicted of possession of drug paraphernalia is guilty of a misdemeanor and faces a fine of up to $500 and/or imprisonment in the county jail for not more than 6 months. A person convicted of a first violation of possession of drug paraphernalia is presumed to be entitled to a deferred imposition of sentence of imprisonment.

Are These the Only Penalties I May Face for Criminal Possession of Dangerous Drugs and Possession of Drug Paraphernalia?

No. Once you meet with one of our attorneys the other possible penalties will be discussed with you in detail in addition to your possible defenses.

What Can I Expect From Your Firm?

You can expect us to represent you at all court-related phases of your case and aggressively advocate on your behalf. Our firm has extensive experience defending drug offense cases and will work with you to expose the weaknesses and misunderstandings that form the basis of the prosecutor’s case. Often support for your defense is discovered after analyzing the police officer’s written reports, audio and video recordings, or through witness interviews.

Criminal possession of dangerous drugs and drug paraphernalia cases often involve illegal search and seizure issues. Montana citizens have constitutional rights under the United States Constitution and the Montana Constitution. Under the Montana Constitution, Montana citizens have an explicit right to privacy as well as the right to be free from unreasonable searches and seizures. Montanans benefit from heightened state privacy protections not enjoyed in most other U.S. states and these principles apply to Montana criminal defense cases. Our attorneys will scrutinize your case for constitutional violations and ensure that law enforcement respected your rights during your involvement with police. Montana drug offense and paraphernalia cases can often be resolved in favor of the defendant by establishing the police violated the defendant’s constitutional rights thereby preventing the contraband from being admitted into evidence in the case.

We will thoroughly review the evidence in your case to formulate a defense unique to your set of circumstances. Depending on the specific facts of your case, we will:

  • Examine your case for constitutional violations.
  • Scrutinize the officer’s investigation for misunderstandings and exculpatory evidence.
  • Present circumstances unique to your case to the prosecuting attorney and judge in an effort to obtain a more lenient sentence.
  • Negotiate a favorable plea agreement with the prosecutor in your case
  • Prepare your case for trial.
  • Try your case before a jury or judge.

Angel, Coil & Bartlett is comprised of a dedicated team of Montana criminal trial lawyers committed to protecting your constitutional and legal rights and helping you navigate the Montana criminal justice system.

Call us today for a free telephone consultation with one of our attorneys and an appointment with our firm.

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  • Montana Trial Lawyers Association
  • Montana Association of Criminal Defense Lawyers
  • National Association of Criminal Defense Lawyers

What Our Clients Say


I had the unfortunate experience of being arrested in Bozeman, MT shortly after I moved to the town. It was a very stressful and intimidating process to have to deal with, especially by myself.  I knew that if I wanted to fight the charge I would need to employ the help of a private attorney.  After nearly 2 weeks of searching for an attorney I was fortunate enough to have Angel, Coil & Bartlett suggested to me by another attorney in the area.

My attorney was smart, courteous, and sympathetic to my situation, which really made me feel comfortable, and in my opinion was my biggest reason for choosing their services.  While a client, he was always willing to take my phone call or call me back after contacting the office.  He kept me calm during the stressful process and was a great outlet to express my concerns.  He was always professional, yet was not a corporate robot with no personality, he was able to relate to me and make me feel comfortable.

I am very happy that I employed his services and as so pleased with the result of my case and would highly suggest the firm’s services to anyone who needs proper representation and is unsure of who to trust in their time of need.


Client of Angel, Coil & Bartlett