Bill Summary – FastDemocracy

67th Legislature                                                                                                      HB 517.1
                                                    HOUSE BILL NO. 517
                                               INTRODUCED BY B. MERCER
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING MARIJUANA PENALTIES FOR
   PERSONS UNDER 21 YEARS OF AGE; REQUIRING THE POSSESSION, USE, AND DELIVERY OR
   DISTRIBUTION WITHOUT CONSIDERATION OF MARIJUANA BY A PERSON UNDER 21 YEARS OF AGE
   TO BE PUNISHED IN ACCORDANCE WITH 45-5-624, MCA; AMENDING SECTIONS 16-12-106 AND 45-5-
   624, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 16-12-106, MCA, is amended to read:
              "16-12-106.    Personal use and cultivation of marijuana -- penalties. (1) Subject to the limitations in
   16-12-108, the following acts are lawful and may not be an offense under state law or the laws of any local
   government within the state, be a basis to impose a civil fine, penalty, or sanction, or be a basis to detain,
   search, or arrest, or otherwise deny any right or privilege, or to seize or forfeit assets under state law or the
   laws of any local government for a person who is 21 years of age or older:
              (a)   possessing, purchasing, obtaining, using, ingesting, inhaling, or transporting 1 ounce or less of
   marijuana, except that not more than 8 grams may be in a concentrated form;
              (b)   transferring, delivering, or distributing without consideration, to a person who is 21 years of age or
   older, 1 ounce or less of marijuana, except that not more than 8 grams may be in a concentrated form;
              (c)   in or on the grounds of a private residence, possessing, planting, or cultivating up to four mature
   marijuana plants and four seedlings and possessing, harvesting, drying, processing, or manufacturing the
   marijuana, provided that:
              (i)   marijuana plants and any marijuana produced by the plants in excess of 1 ounce must be kept in a
   locked space in or on the grounds of one private residence and may not be visible by normal, unaided vision
   from a public place;
              (ii) not more than twice the number of marijuana plants permitted under this subsection (1)(c) may be
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   cultivated in or on the grounds of a single private residence simultaneously;
              (iii) a person growing or storing marijuana plants under this subsection (1)(c) must own the private
   residence where the plants are cultivated and stored or obtain written permission to cultivate and store
   marijuana from the owner of the private residence; and
              (iv) no portion of a private residence used for cultivation of marijuana and manufacture of marijuana-
   infused products for personal use may be shared with, rented, or leased to an adult-use provider or an adult-
   use marijuana-infused products provider;
              (d)   assisting another person who is at least 21 years of age in any of the acts permitted by this
   section, including allowing another person to use one's personal residence for any of the acts described in this
   section; and
              (e)   possessing, purchasing, using, delivering, distributing, manufacturing, transferring, or selling to
   persons 18 years of age or older paraphernalia relating to marijuana.
              (2)   A person who cultivates marijuana plants that are visible by normal, unaided vision from a public
   place in violation of subsection (1)(c)(i) is subject to a civil fine not exceeding $250 and forfeiture of the
   marijuana.
              (3)   A person who cultivates marijuana plants or stores marijuana outside of a locked space is subject
   to a civil fine not exceeding $250 and forfeiture of the marijuana.
              (4)   A person who smokes marijuana in a public place, other than in an area licensed for that activity
   by the department, is subject to a civil fine not exceeding $50.
              (5)   For a person who is under 21 years of age and is not a registered cardholder, possession, use,
   ingestion, inhalation, transportation, delivery without consideration, or distribution without consideration of 1
   ounce or less of marijuana is punishable by forfeiture of the marijuana and the underage person's choice
   between:
              (a)   a civil fine not to exceed $100; or
              (b)   up to 4 hours of drug education or counseling in lieu of the fine in accordance with 45-5-624.
              (6)   For a person who is under 18 years of age and is not a registered cardholder, possession, use,
   transportation, delivery without consideration, or distribution without consideration of marijuana paraphernalia is
   punishable by forfeiture of the marijuana paraphernalia and the underage person's choice between:
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67th Legislature                                                                                                     HB 517.1
              (a)   a civil fine not to exceed $100; or
              (b)   up to 4 8 hours of drug education or counseling in lieu of the fine.
              (7)   Unless otherwise permitted under the provisions of Title 50, chapter 46, part 3, the possession,
   production, delivery without consideration to a person 21 years of age or older, or possession with intent to
   deliver more than 1 ounce but less than 2 ounces of marijuana or more than 8 grams but less than 16 grams of
   marijuana in a concentrated form is punishable by forfeiture of the marijuana and:
              (a)   for a first violation, the person's choice between a civil fine not exceeding $200 or completing up to
   4 hours of community service in lieu of the fine;
              (b)   for a second violation, the person's choice between a civil fine not exceeding $300 or completing
   up to 6 hours of community service in lieu of the fine; and
              (c)   for a third or subsequent violation, the person's choice between a civil fine not exceeding $500 or
   completing up to 8 hours of community service in lieu of the fine; and
              (d)   for a person under 21 years of age, the person's choice between a civil fine not to exceed $200 or
   attending up to 8 hours of drug education or counseling in lieu of the fine.
              (8)   A person may not be denied adoption, custody, or visitation rights relative to a minor solely for
   conduct that is permitted by this chapter.
              (9)   A person may not be denied access to or priority for an organ transplant or denied access to
   health care solely for conduct that is permitted by this chapter.
              (10) A person currently under parole, probation, or other state supervision or released awaiting trial or
   other hearing may not be punished or otherwise penalized solely for conduct that is permitted by this chapter.
              (11) A holder of a professional or occupational license may not be subjected to professional discipline
   for providing advice or services arising out of or related to conduct that is permitted by this chapter solely on the
   basis that marijuana is prohibited by federal law.
              (12) It is the public policy of the state of Montana that contracts related to the operation of licensees be
   enforceable."
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              Section 2. Section 45-5-624, MCA, is amended to read:
              "45-5-624.    Possession of or unlawful attempt to purchase intoxicating substance --
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67th Legislature                                                                                                     HB 517.1
   interference with sentence or court order. (1) A person under 21 years of age commits the offense of
   possession of an intoxicating substance if the person knowingly consumes or, uses, has in the person's
   possession, or delivers or distributes without consideration an intoxicating substance. A person may not be
   arrested for or charged with the offense solely because the person was at a place where other persons were
   possessing or consuming alcoholic beverages or marijuana. A person does not commit the offense if the
   person consumes or gains possession of an alcoholic beverage because it was lawfully supplied to the person
   under 16-6-305 or when in the course of employment it is necessary to possess alcoholic beverages or
   marijuana.
              (2)   (a) In addition to any disposition by the youth court under 41-5-1512, a person under 18 years of
   age who is convicted under this section:
              (i)   for a first offense, shall be fined an amount not less than $100 and not to exceed $300 and:
              (A)    shall be ordered to perform 20 hours of community service;
              (B)    shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and
   pay all costs of participation in a community-based substance abuse information course that meets the
   requirements of subsection (8), if one is available; and
              (C)    if the person has a driver's license, must have the license confiscated by the court for 30 days,
   except as provided in subsection (2)(b);
              (ii) for a second offense, shall be fined an amount not less than $200 and not to exceed $600 and:
              (A)    shall be ordered to perform 40 hours of community service;
              (B)    shall be ordered, and the person's parent or parents or guardian shall be ordered, to complete and
   pay all costs of participation in a community-based substance abuse information course that meets the
   requirements of subsection (8), if one is available;
              (C)    if the person has a driver's license, must have the license confiscated by the court for 6 months,
   except as provided in subsection (2)(b); and
              (D)    shall be required to complete a chemical dependency assessment and treatment, if
   recommended, as provided in subsection (7);
              (iii) for a third or subsequent offense, shall be fined an amount not less than $300 or more than $900,
   shall be ordered to perform 60 hours of community service, shall be ordered, and the person's parent or parents
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   or guardian shall be ordered, to complete and pay all costs of participation in a community-based substance
   abuse information course that meets the requirements of subsection (8), if one is available, and shall be
   required to complete a chemical dependency assessment and treatment, if recommended, as provided in
   subsection (7). If the person has a driver's license, the court shall confiscate the license for 6 months, except as
   provided in subsection (2)(b).
              (b)   If the convicted person fails to complete the community-based substance abuse information
   course and has a driver's license, the court shall order the license suspended for 3 months for a first offense, 9
   months for a second offense, and 12 months for a third or subsequent offense.
              (c)   The court shall retain jurisdiction for up to 1 year to order suspension of a license under
   subsection (2)(b).
              (3)   A person 18 years of age or older who is convicted of the offense of possession of an intoxicating
   substance:
              (a)   for a first offense:
              (i)   shall be fined an amount not less than $100 or more than $300;
              (ii) shall be ordered to perform 20 hours of community service; and
              (iii) shall be ordered to complete and pay all costs of participation in a community-based substance
   abuse information course that meets the requirements of subsection (8);
              (b)   for a second offense:
              (i)   shall be fined an amount not less than $200 or more than $600;
              (ii) shall be ordered to perform 40 hours of community service; and
              (iii) shall be ordered to complete and pay for an alcohol or drug information course at an alcohol or
   drug treatment program that meets the requirements of subsection (8), which may, in the court's discretion and
   on recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both;
              (c)   for a third or subsequent offense:
              (i)   shall be fined an amount not less than $300 or more than $900;
              (ii) shall be ordered to perform 60 hours of community service;
              (iii) shall be ordered to complete and pay for an alcohol or drug information course at an alcohol or
   drug treatment program that meets the requirements of subsection (8), which may, in the sentencing court's
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   discretion and on recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both;
   and
              (iv) in the discretion of the court, shall be imprisoned in the county jail for a term not to exceed 6
   months.
              (4)   A person under 21 years of age commits the offense of attempt to purchase an intoxicating
   substance if the person knowingly attempts to purchase an alcoholic beverage or marijuana. A person
   convicted of attempt to purchase an intoxicating substance shall be fined an amount not to exceed $150 if the
   person was under 21 years of age at the time that the offense was committed and may be ordered to perform
   community service.
              (5)   A defendant who fails to comply with a sentence and is under 21 years of age and was under 18
   years of age when the defendant failed to comply must be transferred to the youth court. If proceedings for
   failure to comply with a sentence are held in the youth court, the offender must be treated as an alleged youth
   in need of intervention as defined in 41-5-103. The youth court may enter its judgment under 41-5-1512.
              (6)   A person commits the offense of interference with a sentence or court order if the person
   purposely or knowingly causes a child or ward to fail to comply with a sentence imposed under this section or a
   youth court disposition order for a youth found to have violated this section and upon conviction shall be fined
   $100 or imprisoned in the county jail for 10 days, or both.
              (7)   (a) A person convicted of a second or subsequent offense of possession of an intoxicating
   substance shall be ordered to complete a chemical dependency assessment.
              (b)   The assessment must be completed at a treatment program that meets the requirements of
   subsection (8) and must be conducted by a licensed addiction counselor. The person may attend a program of
   the person's choice as long as a licensed addiction counselor provides the services. If able, the person shall
   pay the cost of the assessment and any resulting treatment.
              (c)   The assessment must describe the person's level of abuse or dependency, if any, and contain a
   recommendation as to the appropriate level of treatment, if treatment is indicated. A person who disagrees with
   the initial assessment may, at the person's expense, obtain a second assessment provided by a licensed
   addiction counselor or program that meets the requirements of subsection (8).
              (d)   The treatment provided must be at a level appropriate to the person's alcohol or drug problem, or
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   both, if any, as determined by a licensed addiction counselor pursuant to diagnosis and patient placement rules
   adopted by the department of public health and human services. Upon the determination, the court shall order
   the appropriate level of treatment, if any. If more than one counselor makes a determination, the court shall
   order an appropriate level of treatment based on the determination of one of the counselors.
              (e)   Each counselor providing treatment shall, at the commencement of the course of treatment, notify
   the court that the person has been enrolled in a chemical dependency treatment program. If the person fails to
   attend the treatment program, the counselor shall notify the court of the failure.
              (8)   (a) A community-based substance abuse information course required under subsection
   (2)(a)(i)(B), (2)(a)(ii)(B), (2)(a)(iii), or (3)(a)(iii) must be:
              (i)   approved by the department of public health and human services under 53-24-208 or by a court or
   provided under a contract with the department of corrections; or
              (ii) provided by a hospital licensed under Title 50, chapter 5, part 2, that provides chemical
   dependency services and that is accredited by the