Signed by Governor Greg Gianforte

Vote Smart's Synopsis:

Vote to pass a bill that amends penalties for underage use and possession of marijuana.

Highlights:

• Establishes the following penalties for a person under 18 years of age who is convicted for marijuana possession (Sec. 2-2):

• For a 1st offense, a fine not less than $100 and not to exceed $300 and:

• 20 hours of community service;

• Complete and pay all costs of participation in a community-based substance abuse information course; and

• Their drivers license confiscated by the court for 30 days,

• For a 2nd offense, a fine of not less than $200 and not to exceed $600 and:

• 40 hours of community service;

• Complete pay all costs of participation in a community-based substance abuse information course;

• Their drivers license confiscated by the court for 6 months;

• Complete a chemical dependency assessment and treatment.

• For a third or subsequent offense, a fine of not less than $300 or more than $900 and:

• 60 hours of community service;

• Complete and pay all costs of participation in a community-based substance abuse information course;

• Their driver's license is confiscated by the court for 6 months; and

• Complete a chemical dependency assessment and treatment,

• Specifies 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 or a youth court disposition order for a youth found to have violated this law and upon conviction will be fined $100 or imprisoned in the county jail for 10 days, or both (Sec. 2-6).

• Requires a person convicted of a second or subsequent offense of possession of an intoxicating substance shall be ordered to complete a chemical dependency assessment (Sec. 2-7.a).

• Prohibits information provided or statements made by a person under 21 years of age to a healthcare provider or law enforcement personnel regarding an alleged offense against that person from being used in a prosecution of that person (Sec. 2-9).

• Establishes a person under 21 years of age may not be charged or prosecuted under this law if (Sec. 2-10):

• The person has consumed an intoxicating substance and seeks medical treatment at a healthcare facility or contacts law enforcement personnel or an emergency medical service provider to seek medical treatment;

• The person accompanies another person under 21 years of age who has consumed an intoxicating substance and seeks medical treatment at a health care facility or contacts law enforcement personnel or an emergency medical service provider the seek medical treatment for the other person; or

• The person requires medical treatment as a result of consuming an intoxicating substance and evidence of a violation of this section is obtained during seeking or receiving medical treatment.

Full Bill Text