67th Legislature HB 391.1
1 HOUSE BILL NO. 391
2 INTRODUCED BY F. FLEMING
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO THE DISTRIBUTION OF
5 DANGEROUS DRUGS; PROVIDING A PENALTY FOR CRIMINAL DISTRIBUTION WHEN A PERSON IS
6 KILLED BY THE DANGEROUS DRUG THAT WAS DISTRIBUTED; AND AMENDING SECTION 45-9-101,
7 MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Section 45-9-101, MCA, is amended to read:
12 "45-9-101. Criminal distribution of dangerous drugs. (1) Except as provided in Title 16, chapter
13 12, or Title 50, chapter 46, a person commits the offense of criminal distribution of dangerous drugs if the
14 person sells, barters, exchanges, gives away, or offers to sell, barter, exchange, or give away any dangerous
15 drug, as defined in 50-32-101.
16 (2) A person convicted of criminal distribution of dangerous drugs involving giving away or sharing
17 any dangerous drug, as defined in 50-32-101, shall be sentenced as provided in 45-9-102.
18 (3) A person convicted of criminal distribution of dangerous drugs not otherwise provided for in
19 subsection (1), (2), or (4), or (5) shall be imprisoned in the state prison for a term not to exceed 25 years or be
20 fined an amount of not more than $50,000, or both.
21 (4) A person who was an adult at the time of distribution and who is convicted of criminal distribution
22 of dangerous drugs to a minor shall be sentenced as follows:
23 (a) For a first offense, the person shall be imprisoned in the state prison for a term not to exceed 40
24 years and may be fined not more than $50,000.
25 (b) For a second or subsequent offense, the person shall be imprisoned in the state prison for a term
26 not to exceed life and may be fined not more than $50,000.
27 (5) If the offense charged results in the death of an individual from the use of any dangerous drug that
28 was distributed, the person shall be imprisoned in the state prison for a term of not less than 10 years or more
-1- Authorized Print Version – HB 391
67th Legislature HB 391.1
1 than 100 years and may be fined not more than $100,000.
2 (5)(6) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course
3 of a professional practice are exempt from this section."
4 - END -
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Statutes affected:
HB0391_1.pdf: 45-9-101
HB0391_2.pdf: 45-9-101
HB0391_X.pdf: 45-9-101
Amended: 45-9-101
Introduced: 45-9-101