MontanaSB 13269th Legislature, Regular Session (2025)SenateWALLET

Generally revise minor in possession laws

Sponsored By: Tom McGillvray (Republican)

Signed by Governor

CrimesMinorsAlcohol

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 3 costs, 2 mixed.

Under‑21 alcohol possession penalties

The law makes it a crime for anyone under 21 to drink, have, or give away alcohol without pay. You cannot be charged just for being present; lawful supply and job‑related handling are allowed. For under 18: fines are $100–$300 (first), $200–$600 (second), $300–$900 (third+), with 20/40/60 hours of service, a required course for the youth and parent/guardian, and license confiscation for 30 days (first) or 6 months (second/third+). A second or later offense also requires an assessment and treatment if recommended; not finishing the course triggers license suspensions of 3/9/12 months, and the court may order this within 1 year. For ages 18–20: the same fine and service steps apply, a paid course is required, and a third or later offense can include up to 6 months in county jail. Trying to buy alcohol when under 21 can bring a fine up to $150 and community service. Required courses, assessments, and any treatment must come from approved programs or accredited hospitals.

Under‑21 drug possession penalties

The law makes it a crime for anyone under 21 to use, have, or give away (without pay) intoxicating drugs other than alcohol or marijuana. You cannot be charged just for being present; lawful supply or job‑related handling is allowed. For under 18: fines are $100–$300 (first), $200–$600 (second), $300–$900 (third+), with 20/40/60 hours of service, a required course for the youth and parent/guardian, and license confiscation for 30 days (first) or 6 months (second/third+). For ages 18–20: the same fine and service steps apply, a paid course is required, and a third or later offense can include up to 6 months in county jail. If the course is not finished, the court must suspend the license for 3 months (first), 9 months (second), or 12 months (third+), and may order this within 1 year. On a second or later offense, the court orders a chemical‑dependency assessment by a licensed counselor and treatment if recommended; you pay if able and may get a second assessment at your own cost. Trying to buy these drugs when under 21 brings a fine up to $150 and possible community service.

Protections when under‑21 seek medical help

If you are under 21 and seek medical help after drinking or using an intoxicating drug, you are not charged under these possession laws. This also protects you if you call for help or go with a friend for care, or if evidence is found while you get treatment. Statements you or a helper give to health workers or police about a listed offense cannot be used to prosecute you under these sections.

Penalties for under‑21 marijuana use

If you are under 21 and not a registered medical marijuana cardholder, possessing, using, or giving away marijuana without pay is a crime. Penalties apply as set in this act.

Youth court transfers and interference penalty

If you are under 21 now and were under 18 when you failed to follow a sentence, the case moves to youth court. Youth court treats you as a youth in need of help and uses youth‑court rules. Anyone who purposely causes a child or ward to disobey a sentence commits a crime and faces a $100 fine, up to 10 days in county jail, or both.

Stricter alcohol ID and keg rules

If you lie about being old enough to get alcohol, you are as guilty as the seller and face the same penalties. Police may request keg buyer information only for certain listed violations and must return recovered kegs to the licensee; deposits can be forfeited under the rules. People under 21 who break certain alcohol license rules face the same underage penalties set in this law.

Sponsors & Cosponsors

Sponsor

Tom McGillvray
Republican • Senate

Cosponsors

Jodee Etchart
Republican • House

Roll Call Votes

All Roll Calls

Yes: 275 • No: 23

House vote • 3/26/2025

Do Concur

Yes: 99 • No: 0

House vote • 3/25/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 2/7/2025

Do Pass

Yes: 37 • No: 12

Senate vote • 2/6/2025