MontanaSB 13269th Legislature, Regular Session (2025)SenateWALLET

Generally revise minor in possession laws

Sponsored By: Tom McGillvray (Republican)

Became Law

CrimesMinorsAlcohol and Drugs

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 3 benefits, 1 costs, 8 mixed.

Tougher penalties for alcohol retailers

If a retail alcohol licensee is convicted of an offense under the alcohol code, the state revokes the license immediately. The department may choose another allowed sanction instead of revocation. All licensees must post a department‑issued sign, in a prominent place, explaining penalties for under‑21 violations.

Legal marijuana use won't block care or custody

Conduct allowed by state marijuana law (Title 16, chapter 12) cannot be the only reason to deny you health care or transplant priority. It also cannot be the only reason to deny adoption, custody, or visitation. These protections apply only when your conduct is lawful under that chapter.

Medical amnesty for under-21 seeking help

If you are under 21 and seek medical care after using marijuana or another intoxicating substance (not alcohol), you cannot be charged under these possession laws. This also covers you if you go with another under‑21 person to get care. It also applies when evidence is found during treatment at a health care facility. The goal is to encourage getting medical help fast.

Adult marijuana limits and fines

Adults 21+ and registered cardholders can have up to 1 ounce of marijuana, including up to 8 grams of concentrate or 800 mg of THC in edibles. You can give up to 1 ounce to another adult or cardholder for free. Smoking in a public place that is not licensed brings a civil fine up to $50. Having more than 1 ounce but less than 2 ounces leads to forfeiture and a fine up to $200 for a first time, $300 for a second, or $500 for a third or later, or short community service instead.

Home marijuana growing rules

You can grow up to two mature plants and two seedlings at home. Registered cardholders can grow four mature plants and four seedlings. Plants and any marijuana over 1 ounce must be locked up and out of public view. You must own the home or have written permission, and the grow space cannot be shared with a marijuana business. No more than twice the allowed number of plants may be at one residence. If plants are visible from a public place or not locked, you can be fined up to $250 and the marijuana can be taken.

Repeat offenses require assessment and approved programs

After a second or later marijuana or other drug possession offense, the court orders a chemical dependency assessment by a licensed counselor at an approved program. You must pay for the assessment and any treatment if you are able. The court sets treatment based on the counselor’s recommendation, and the counselor must tell the court if you enroll or miss sessions. You may get a second assessment at your own expense. Courts and corrections use only approved courses and treatment programs—approved by the health department, a court, a Department of Corrections contract, or an accredited hospital.

Under-21 alcohol crimes and penalties

If you are under 21, it is a crime to drink, have, or give away alcohol, except alcohol legally supplied or actions needed for work. Sellers also cannot sell to anyone under 21 or to someone who is obviously intoxicated. Trying to buy alcohol is a separate offense with a fine up to $150 and possible community service. If you are under 18 and convicted, the court fines $100–$300 (first), $200–$600 (second), or $300–$900 (third+), orders 20, 40, or 60 hours of community service, and takes your license for 30 days, then 6 months, then 6 months. If you are 18–20 and convicted, fines and service hours are the same tiers, and a third or later offense can include up to 6 months in county jail. Courts order you to complete and pay for an approved substance course; repeat offenders must get a chemical dependency assessment and follow treatment if recommended. If you do not finish the ordered course, the court must suspend your driver’s license for 3 months (first), 9 months (second), or 12 months (third+). If you were under 18 when you failed to follow a sentence, the case moves to youth court, and it is a crime to make a child disobey a court order ($100 fine or up to 10 days jail). Statements by under-21 victims or helpers to get help for certain crimes cannot be used to prosecute them for this offense, and you cannot be charged just for seeking alcohol-related medical care or helping someone else get care.

Under-21 marijuana crimes and penalties

If you are under 21, it is a crime to use, have, or give away marijuana without pay, except when legally supplied or needed for work. If you are under 21 and not a registered cardholder, possession, use, or nonpaid transfer is punished under the underage statute. Trying to buy marijuana brings a fine up to $150 and possible community service. Under 18 and convicted: fines of $100–$300 (first), $200–$600 (second), or $300–$900 (third+), 20/40/60 hours of community service, a 30‑day then 6‑month then 6‑month license confiscation, and a required course and assessment/treatment if recommended. Ages 18–20 and convicted: the same fine and service tiers apply; a third or later offense can include up to 6 months in county jail, and you must complete and pay for the ordered course. If an under‑18 offender does not finish the course, the court must suspend the license for 3, 9, or 12 months by offense count. Under‑18 noncardholders with marijuana paraphernalia forfeit the items and must complete 8 hours of drug education or counseling. If you were under 18 when you failed to follow a sentence, the case moves to youth court, and it is a crime to make a child disobey a court order ($100 fine or up to 10 days jail). Statements by under‑21 victims or helpers to get help for certain crimes cannot be used to prosecute them under this section.

Under-21 other drug penalties

If you are under 21, it is an offense to use, have, or give away without pay an intoxicating substance other than alcohol or marijuana. Trying to buy these substances brings a fine up to $150 and possible community service. Under 18 and convicted: fines of $100–$300 (first), $200–$600 (second), or $300–$900 (third+), 20/40/60 hours of community service, a 30‑day then 6‑month then 6‑month license confiscation, and a required course and assessment/treatment if recommended. Ages 18–20 and convicted: fines of $100–$300, $200–$600, or $300–$900 with 20/40/60 hours of service, required courses, and up to 6 months jail on a third or later offense. If an under‑18 offender does not finish the course, the court must suspend the license for 3, 9, or 12 months by offense count. If you were under 18 when you failed to follow a sentence, the case moves to youth court, and it is a crime to make a child disobey a court order ($100 fine or up to 10 days jail). Statements by under‑21 victims or helpers to get help for certain crimes cannot be used to prosecute them under this section.

Stores can sell marijuana paraphernalia

Shops can sell marijuana paraphernalia to people age 18 and older. Adults 18+ can possess and transfer these items.

New sourcing and ID defenses for retailers

Licensed retailers may buy up to 6 gallons per day of beer or table wine from another in‑state licensed retailer and move it to their store. The state can penalize purchases from out‑of‑state retailers. In sale‑to‑minor cases, a seller can defend a good‑faith sale by showing reasonable reliance on ID and the buyer’s appearance.

Keg deposits and ID rules

If you forfeit a keg, you lose the keg deposit as the original purchaser. Police can only ask for keg buyer records when tied to certain listed crimes and must return recovered kegs to the licensee. Knowingly lying about your qualifications to get alcohol from a seller is an offense and carries the same penalties used for possession crimes.

Sponsors & Cosponsors

Sponsor

Tom McGillvray
Republican • Senate

Cosponsors

Jodee Etchart
Republican • House

Roll Call Votes

All Roll Calls

Yes: 273 • No: 23

Senate vote • 3/26/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 3/25/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 2/7/2025

Do Pass

Yes: 37 • No: 12

Senate vote • 2/6/2025