The Drug-Free Schools and Communities Act requires every higher education institution that receives any form of Federal funding to implement a drug and alcohol abuse prevention program (DAAPP). An annual notification of this information is to be provided in writing to each employee, and to each student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student’s program of study. 

The purpose of this program is to prevent the unlawful possession and abuse of alcohol and drugs. Montana State University is concerned about the well-being of its community members and has embraced the expectations of the Drug-Free School and Communities Act. Below is the most recent version of the drug and alcohol abuse prevention program (DAAPP). 

 

 

State of Montana Laws on Alcohol and other Illegal Drugs

 

Montana’s Underage Consumption of Alcohol Law

45-5-624. Possession of or unlawful attempt to purchase intoxicating substance.

A person under 21 years of age commits the offense of possession of an intoxicating substance if the person knowingly consumes, 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.

Under 18 Years:

1st Offense: Shall be fined an amount not less than $100 and not to exceed $300 and: · shall be ordered to perform 20 hours of community service; · 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 (9), if one is available; and · 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).

2nd Offense: Shall be fined an amount not less than $200 and not to exceed $600 and:  shall be ordered to perform 40 hours of community service;

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 (9), if one is available;  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  shall be required to complete a chemical dependency assessment and treatment, if recommended, as provided in subsection (8).

3rd or Subsequent Offense Shall be fined an amount not less than $300 or more than $900 and: · shall be ordered to perform 60 hours of community service, · 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 (9), if one is available, and · shall be required to complete a chemical dependency assessment and treatment, if recommended, as provided in subsection (8). If the person has a driver's license, the court shall confiscate the license for 6 months, except as provided in subsection (2)(b).

18 Years of age or older

1st Offense: Shall be fined an amount not less than $100 or more than $300 and: · shall be ordered to perform 20 hours of community service; and · 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 (9).

2nd Offense: Shall be fined an amount not less than $200 or more than $600 and: · shall be ordered to perform 40 hours of community service; and · shall be ordered to complete and pay for an alcohol information course at an alcohol treatment program that meets the requirements of subsection (9), which may, in the court's discretion and on recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both.

3rd or Subsequent Offense: Shall be fined an amount not less than $300 or more than $900, and: · shall be ordered to perform 60 hours of community service; · shall be ordered to complete and pay for an alcohol information course at an alcohol treatment program that meets the requirements of subsection (9), which may, in the sentencing court's discretion and on recommendation of a licensed addiction counselor, include alcohol or drug treatment, or both; and · in the discretion of the court, shall be imprisoned in the county jail for a term not to exceed 6 months

A person under the age of 21(Attempts to purchase an intoxicating substance)

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.

 

Montana’s Medical Amnesty Law

45-5-624. Possession of or unlawful attempt to purchase intoxicating substance

A person under 21 years of age may not be charged or prosecuted under subsection (1) if:

i. the person 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 for the purpose of seeking medical treatment;

ii. 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 for the purpose of seeking medical treatment for the other person; or

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

 

Montana’s Carrying False Identification Law

61-5-302. Unlawful use of license or identification card.

It is a misdemeanor for a person to:

1. display or cause or permit to be displayed or have in the person’s possession a canceled, revoked, suspended, fictitious, or altered driver’s license, identification card, or tribal identification card;

2. lend the person’s driver’s license, identification card, or tribal identification card to any other person or knowingly permit its use by another;

3. display or represent as one’s own any driver’s license, identification card, or tribal identification card not issued to the person;

4. fail or refuse to surrender to the department upon its lawful demand a driver’s licens identification card that has been suspended, revoked, or canceled;

5. use a false or fictitious name in an application for a driver’s license or identification card or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in an application; or

6. permit any unlawful use of a driver’s license, identification card, or tribal identification card issued to the person.

7. Fines typically range between $280 and $500.

 

Montana’s Public Drunkenness Law

61-8-508. Intoxicated pedestrian

Except in an authorized crosswalk, a person who is under the influence of alcohol or any drug may walk or stand in the public right-of-way, as defined in 60-1- 103, but not on a roadway or a shoulder as is otherwise permissible under 61-8-506(2). Fines typically range between $100 and $500.

 

Montana’s Driving Under the Influence of Substances Law

61-8-1002. Driving under influence

A person commits the offense of driving under the influence if the person drives or is in actual physical control of:

a) a vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug;

b) a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0.08 or more;

c) a commercial motor vehicle within this state while the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0.04 or more;

d) a noncommercial vehicle or commercial motor vehicle within this state while the person's delta-9-tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more; or

e) a vehicle within this state when the person is under 21 years of age at the time of the offense while the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0.02 or more.

1st Offense a) Shall be punished by imprisonment for not less than 24 consecutive hours or more than 6 months and by a fine of not less than $600 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 48 consecutive hours or more than 1 year and by a fine of not less than $1,200 or more than $2,000. b) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being. c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009.

2nd Offense a) Shall be punished by imprisonment for not less than 7 days or more than 1 year and by a fine of not less than $1,200 or more than $2,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 14 days or more than 1 year and a fine of not less than $2,400 or more than $4,000. b) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being. c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009.

3rd Offense a) Shall be punished by imprisonment for not less than 30 days or more than 1 year and by a fine of not less than $2,500 or more than $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 60 days or more than 1 year and by a fine of not less than $5,000 or more than $10,000. b) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being. c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009.

4th Offense;  If an individual is found guilty of Driving Under the Influence 4th or subsequent offense is a felony and shall be punished by:

a) being sentenced to the department of corrections for a term of not less than 13 months or more than 2 years for placement in either an appropriate correctional facility or a program, followed by a consecutive term of 5 years to the Montana state prison or the Montana women's prison, all of which must be suspended, and a fine of not less than $5,000 or more than $10,000; or b) being sentenced to a term of up to 5 years in an appropriate treatment court program, with required completion, and a fine of not less than $5,000 or more than $10,000. If sentenced under this alternative, the person may be entitled to a suspended sentence but is not eligible for a deferred imposition of sentence.

 

Montana’s law on selling or furnishing alcohol to minors

16-6-305. Age limit for sale or provision of alcoholic beverages – liability of provider.

A. Except in the case of an alcoholic beverage provided in a nonintoxicating quantity to a person under 21 years of age by the person’s parent or guardian, physician or dentist for medicinal purposes, a licensed pharmacist upon the prescription of a physician, or an ordained minister or priest in connection with a religious observance, a person may not sell or otherwise provide an alcoholic beverage to a person under 21 years of age.

B. A parent, guardian, or other person may not knowingly sell or otherwise provide an alcoholic beverage in an intoxicating quantity to a person under 21 years of age.

C. For the purposes of this section, “intoxicating quantity” means a quantity of an alcoholic beverage that is sufficient to produce:

  1. i. a blood, breath, or urine alcohol concentration in excess of 0.05;
  2. ii. substantial or visible mental or physical impairment.

 

A person is guilty of a misdemeanor who:

i. invites a person under the age of 21 years into a public place where an alcoholic beverage is sold and treats, gives, or purchases an alcoholic beverage for the person;

ii. permits the person in a public place where an alcoholic beverage is sold to treat, give, or purchase alcoholic beverages for the person; or

iii. holds out the person to be 21 years of age or older to the owner of the establishment or to the owner’s employee.

 

 It is unlawful for any person to fraudulently misrepresents the person’s age to any dispenser of alcoholic beverages or to falsely procure any identification card or to alter any of the statements contained in any identification card, including a tribal identification card.

A person 21 years of age or older who violates the provisions of subsection (1)(b) is, in addition to applicable criminal penalties, subject to civil liability for damages resulting from a tortious act committed by the person to whom the intoxicating substance was sold or provided if the act is judicially determined to be the result of the intoxicated condition created by the violation.

 

Montana’s open container laws

61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway.

1. Except as provided in subsection 2),

a person commits the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.

2. This section does not apply to an open alcoholic beverage container:

  1. in a locked glove compartment or storage compartment;
  2. in a motor vehicle trunk or luggage compartment or in a truck bed or cargo compartment;
  3. behind the last upright seat of a motor vehicle that is not equipped with a trunk;
  4.  in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or
  5. in the immediate possession of a passenger of a bus, taxi, or limousine, that is used for the transportation of persons for compensation and that includes the provision of a hired driver;
  6. or in the living quarters of a camper, travel trailer, or motor home.

A person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100.

A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1- 318, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and may not be recorded or charged against a driver’s record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.

 

Bozeman Municipal Code Sec.4.04.030.

Public drinking or display of open alcoholic beverages; open containers; prohibited; Public drinking or display or exhibition of open alcoholic beverages (open container) as defined in section 4.04.020 is prohibited, and it is unlawful for any person to engage in public drinking, public display or exhibition of open alcoholic beverages (open container) within the city limits.

 

Bozeman Municipal Code Sec. 4.04.070. - Violation; penalty.

a) It is a misdemeanor for any person to violate any of the provisions of this article.

b) Anyone found guilty of the offense of having an open container under section 4.04.030 shall be fined an amount not less than $100.00 and not to exceed $500.00 or be imprisoned in the county jail for a term not to exceed six months, or both. The first $100.00 of a fine under this section may not be suspended.

c) Upon conviction, the court may, in its discretion, order the payment of the costs of prosecution or imprisonment, or both, as part of the sentence.

 

Montana’s public urination or defecation laws

Bozeman Municipal Code Sec. 24.06.010. - Public urination and defecation.

No person within the jurisdictional limits of the city shall publicly defecate or urinate on streets, sidewalks, alleys, parks, parking lots or other places open to the public including areas open to the public in buildings unless a sanitary facility capable of and commonly used for disposal of human urine or excrement is used.

 

Marijuana Laws

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:

1) possessing, purchasing, obtaining, using, ingesting, inhaling, or transporting 1 ounce or less of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid form;

2) transferring, delivering, or distributing without consideration, to a person who is 21 years of age or older, 1 ounce or less of usable marijuana, except that not more than 8 grams may be in a concentrated form and not more than 800 milligrams of THC may be in edible marijuana products meant to be eaten or swallowed in solid form;

3)in or on the grounds of a private residence, possessing, planting, or cultivating up to two mature marijuana plants and two seedlings, or four mature marijuana plants and four seedlings for a registered cardholder, and possessing, harvesting, drying, processing, or manufacturing the marijuana, provided that:

  1. 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;
  2. not more than twice the number of marijuana plants permitted under this subsection (1)(c) may be cultivated in or on the grounds of a single private residence simultaneously;
  3. 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
  4. no portion of a private residence used for cultivation of marijuana and manufacture of marijuana products for personal use may be shared with, rented, or leased to a marijuana business;

4) 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

5) possessing, purchasing, using, delivering, distributing, manufacturing, transferring, or selling to persons 18 years of age or older paraphernalia relating to marijuana.

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.

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.

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.

For a person who is under 21 years of age and is not a registered cardholder, possession, use, delivery without consideration, or distribution without consideration of marijuana is punishable in accordance with 45-5-624.

 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 8 hours of drug education or counseling.

Unless otherwise permitted under the provisions of Title 16, chapter 12, part 5, 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:

  1. 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;
  2. 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
  3. 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.

A person may not be denied adoption, custody, or visitation rights relative to a minor solely for conduct that is permitted by this chapter.

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.

 

Possession of Marijuana Paraphernalia

As per Montana Code Annotated (MCA) 16-12-106(1)(e) and 16-12-106(6) possession of marijuana paraphernalia is legal for those 18 YOA and older.

 If under 18 YOA and in possession of marijuana paraphernalia an individual will be in violation of 45-10-103, Criminal Possession of Drug Paraphernalia. Which states: a. Except as provided in Title 16, chapter 12, or 50-32-609, it is unlawful for a person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug.

A person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined an amount of not more than $500, or both. A person convicted of a first violation of this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.

 

Possession of Marijuana in a Motor Vehicle

61-8-1027, Unlawful Possession Of Marijuana, Marijuana Products, Or Marijuana Paraphernalia In Motor Vehicle On Highway.

1. Except as provided in subsection (2), a person commits the offense of unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle if the person knowingly possesses marijuana, marijuana products, or marijuana paraphernalia, as those terms are defined in 16-12-102, within the passenger area of a motor vehicle on a highway.

2. This section does not apply to marijuana, marijuana products, or marijuana paraphernalia:

  1. purchased from a dispensary and that remains in its unopened, original packaging;
  2. in a locked glove compartment or storage compartment;
  3. in a motor vehicle trunk or luggage compartment or in a truck bed or cargo compartment;
  4. behind the last upright seat of a motor vehicle that is not equipped with a trunk; or
  5. in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger.

3. (a) A person convicted of the offense of unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle shall be fined an amount not to exceed $100. (b) A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, 46-18-236, 61-8-104, or 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.

 

Possession of Dangerous Drugs (PODD)

45-9-102. Criminal possession of dangerous drugs.

1. Except as provided in Title 16, chapter 12, or 50-32-609, a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101, [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12

2. A person convicted of criminal possession of dangerous drugs shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.A person convicted of criminal possession of dangerous drugs not otherwise provided for in subsection (1) or (2) shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.

3. A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment. 4. Ultimate users and practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.

Other schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid); Any amount; First Offense: Not more than twenty years if death or serious injury not less than 20 years or more than life fine $1,000,000 if individual, $5 million if not an individual. Second offense: not more than 30 years period if death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.  Flunitrazepam (Schedule IV); 1 gram; First Offense: Not more than twenty years if death or serious injury not less than 20 years or more than life fine $1,000,000 if individual, $5 million if not an individual. Second offense: not more than 30 years period if death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.  Other schedule three drugs; Any amount; first offense: not more than 10 years. If death or serious injury, not more than 15 years. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second offense: not more than 20 years. If death or serious injury, not more than 30 years period fine not more than $1,000,000  if an individual, $5 million if not an individual.  All other schedule four drugs; Any amount; First offense: not more than five years period fine not more than $250,000 if an individual, $1,000,000 if not an individual. Second offense: not more than ten years period fine not more than $500,000 if an individual, $2 million if other than an individual.  Flunitrazepam (Schedule IV); other than 1 gram or more; First offense: not more than five years period fine not more than $250,000 if an individual, $1,000,000 if not an individual. Second offense: not more than ten years period fine not more than $500,000 if an individual, $2 million if other than an individual. All Schedule V Drugs; any amount; First Offense: not more than one year. Fine not more than $100,000 if an individual $250,000 if not an individual. Second offense: not more than four years period fine not more than $200,000 if an individual, $500,000 if not an individual

For a text version of the Penalties table visit Applicable Federal Sanction - Penalties

Federal Trafficking Penalties - Marijuana

For a text version of the Federal Trafficking Penalties - Marijuana visist Applicable Federal Sanction - Federal Trafficking Penalties - Marijuana. 

Drug: Cocaine (Schedule II). Quantity: 500-4999 grams mixture. Penalties: First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. Quantity:5 kgs or more mixture. First offense: not less than 10 years, and not more than life. If death or serious injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.   Drug: Cocaine Base (Schedule II). Quantity: 28-279 grams mixtures. First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. Quantity: 280 grams or more mixtures.  First offense: not less than 10 years, and not more than life. If death or serious injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.  Drug Fentanyl (Schedule II) 40-399 grams mixture. First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. Quantity: 400 grams or more mixture. First offense: not less than 10 years, and not more than life. If death or serious injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.   Drug: Fentanyl Analogue (Schedule I) 10-99 grams mixtures. First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. Quantity: 100 grams or more mixture. First offense: not less than 10 years, and not more than life. If death or serious injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. Drug: Heroin (Schedule I) Quantity: 100-999 grams. . First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. Quantity 1 kg or more mixtures. . First offense: not less than 10 years, and not more than life. If death or serious injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.     Drug: LSD (Schedule I). Quantity: 1-9 grams mixtures. . First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. Quantity 10 grams or more mixture. First offense: not less than 10 years, and not more than life. If death or serious injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.    Drug: Methamphetamine (schedule II). Quantity: 5-49 grams pure or 50-499 grams mixtures. First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. 50 grams or more pure or 500 grams or more mixture. First offense: not less than 10 years, and not more than life. If death or serious injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.  Drug: PCP (Schedule II). Quantity: 10-99 grams pure or 100-999 grams mixtures. . First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. Quantity: 100 grams or more pure or 1 kg or more mixture. First offense: not less than 10 years, and not more than life. If death or serious injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or more prior offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

For a text version of the Federal Trafficking Penalties Table visit Applicable Federal Sanction - Federal Trafficking Penalties

For more information about Drug of  Abuse visit the Drugs of Abuse DEA Resource Guide. 

Health Risks of Alcohol and Drug Misuse  

As stated in the Surgeon Generals Report on Addiction in America, misuse of all substances and related disorders are causing major public health challenges.  This includes mental and physical health implications.  Recently more than 27 million people in the United States reported that they are using illicit drugs or misusing prescription drugs, and nearly a quarter of adults and adolescents reported binge drinking in the past month.  The annual economic impact of substance misuse is estimated to be $249 billion for alcohol misuse and $193 billion for illicit drug use. 
 
The misuse of and addiction to opioids—including prescription pain relievers, heroin, and synthetic opioids such as fentanyl—have become common chronic illnesses in the U.S. Although there are effective treatments for opioid use disorder, only about one in four people with this disorder receive any type of specialty treatment. (Surgeon generals report) 

  

Social, Academic, and Personal Risks of High-Risk Substance Misuse 

Social, academic, employment and personal risks/problems are associated with the MSU population that misuses substances.  Patterns of  excessive substance misuse (also known as “binge drinking” or heavy episodic drinking) and/or use of drugs can directly or indirectly lead to: 

  1. Social problems: driving under the influence, fighting, unwanted sexual contact, vandalism, trouble with authorities, unsafe sexual behavior, among others. 
  2. Academic problems: poor grades, missed classes, memory loss, falling behind in class work or projects. 
  3. Personal problems: depression, illness and injury, experiencing unwanted attempted or completed sexual intercourse, suicide, being the victim of violence or racial harassment, being unable to control drinking or drug use. 
  4. Employment problems: Low job autonomy, lack of job complexity, boredom, sexual harassment, verbal and physical aggression and disrespectful behavior, decreased productivity, increase in injury on the job, absenteeism and eventually loss of employment due to behavioral issues.   

 

Second-Hand Effects 

Those that misuse substances often do not realize the impact their addiction has on those around them.  It can impact family, friends, roommates, co-workers, partners, causing family problems, academic problems and damaging relationships.   Second hand effects of substance misuse include harassment, physical abuse, relationship issues, financial issues, domestic violence, increased traffic risk, and other significant legal, academic and employment issues.  For students,  problems are typically most prominent among those living in close quarters (e.g., residence halls or Greek houses). Effects include disruptions of sleep or studying, having one’s property damaged, feeling unsafe, having one’s membership in an organized group adversely affected, and decreased enjoyment of campus activities. Non- students, i.e., community members, are also at risk of experiencing problems as a result of student drinking or drug use (e.g., intoxicated driving, vandalism, violence, sexual assault). 

Health Risks Associated with the Use of Illicit Drugs and the Abuse of Alcohol.

For a text version of the Health Risks Table visit DFSCA - Health Risks Associated with the Use of Illicit Drugs and the Abuse of Alcohol.

 Students   - To learn more visit Office of Health Advancement | Montana State University

MSU Health Promotion oversees the administration ofAlcoholEdufor College, a science-based, interactive online program that provides students with facts and skill-based information on alcohol and sexual assault, other consequences of alcohol abuse, including alcohol’s impact on the brain, body, and behavior. All incoming MSU students under the age of 21 are required to take AlcoholEdu. The program matches course content to each student based on his or her behavior, attitudes, and what he or she already knows about alcohol. 

 

Whether students choose to drink or not, AlcoholEdu is designed to encourage informed decision-making about alcohol use as well as providing skills to respond to the drinking and risk behaviors of friends and peers. The program delivers information with a non-judgmental tone that supports students in making their own plan to reduce the risk of harm associated with drinking while in college. 

 

This program is one of many efforts at MSU to support better decision-making and a healthier campus environment where everyone every can live, study, work and have fun safely. MSU Health Promotion also works on campus and community education and policies to reduce risk and prevent intoxicated driving. 

 

Details available at https://www.montana.edu/oha/alcohol_drugs/index.htmlare available at 406-994-7337 or the links above.

MSU is dedicated to providing a voluntary, confidential resource to assist all students who are impacted directly or indirectly by chemical abuse. The Alcohol and Drug Assistance Center/Insight Program, including the MIP (Minor in Possession) program, is a state approved, three-level assistance and intervention program open to all MSU students, either by self-referral or by referral from MSU offices, departments or the local court system. This program can be contacted at (406) 994-5937, and is located at 1016 S 6th Avenue. Student confidentiality will be respected. The Center provides referral and pre-assessment support. 

The Center: 

  • Offers referral assistance to students and their friends who have alcohol and other drug use issues. 
  • Offers workshops, seminars and training related to substance abuse. 
  • Provides support to friends and family who are affected by someone else's substance use/abuse. 
  • Supports other MSU offices, faculty and staff in issues relating to alcohol/drugs. 
  • Provides factual information and dispels myths about alcohol and other drugs. 
  • Disseminates information on local treatment and recovery program options. 
  • Provides information, support and referral for those students affected by behavioral compulsions and for students who are/were affected by chemical abuse within a family. 

MSU’s Alcohol and Drug Assistance Center offers limited family counseling and referral.  A licensed counselor will meet and consult with family or friends of students on a limited basis in order to discuss options and offer support. The Center also provides treatment referrals. 

The three levels (Focus Seminar, Brief Alcohol Screening and Interventions for College Student—BASICS, and Intervention and Referral) are described in detail at the Insight website. Students can also call Insight at 406-587-2306. 

Montana State University employs a full-time licensed counselor to work specifically with substance abuse issues (this individual is a licensed clinical counselor, as well as a licensed addiction counselor). If students have paid the health service fee, they can make an appointment at no additional charge. 
 
Other than the licensed counselor, the Insight office staff includes an MIP Case Coordinator and up to three graduate student employees. Graduate students facilitate the Level I Focus Seminars; the licensed counselor conducts the BASICS program and oversees the Levels III interventions. 

The MSU Office of Health Advancement provides the Center for Students in Recovery. This is a community for students in sobriety, their allies, and those looking to gain or maintain recovery from addictive disorders. They provide sober events, fellowship, wellness mentoring and other resources. The Center provides recreational opportunities, service work, academic and professional growth as well as a peer-based recovery mentorship program that helps students manage and excel in challenging situations, on and off campus.

 

Details are available www.montana.edu/oha  or email at [email protected]. The Center is located at 1106 S 6th Ave. 

The Center for Recovering Students offers several Alcoholic Anonymous and Marijuana Anonymous meetings throughout the week.   For more information on meeting times and dates please contact 406-994-5937.

Additional counseling services for students are available through MSU’s Counseling and Psychological Services.

Individual and group counseling for students whose lives have been affected by their own or someone else’s substance use or abuse are available. Persons who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentiality will be observed.  

Counseling services include:  

  • Training professional staff and student staff on drug substance abuse information, intervention and referral;  
  • Conducting individual and group counseling for with drug substance use problems;  
  • Providing consultation, information and referral for students with substance use problems;  
  • Designing and developing referral opportunities for students who desire to seek professional assistance in the community program has been designed to make, students served by the program comfortable, to give choice in the selection of assistance, to maintain confidentiality of clients, and to provide professional service.  

Counseling and Psychological Services is located in 211 Swingle, 406-994-4531. 

Employees

Human Resources provides employees and family members with access to confidential advice, support, and practical solutions to real-life issues such as those associated with Drug and Alcohol use and abuse through the Employee Assistance Program (EAP).  The EAP offers a 24-hour Crisis Help line, in-person counseling, and access to online consultations with licensed counselors.   The EAP can be accessed at uprisehealth.com or at https://choices.mus.edu/eap-work-life.html with access code MUS or by contacting Human Resources directly. 

Employees and any dependents who are covered by the MUS health insurance plan can also refer to their Health Insurance provider or the CHOICES enrollment book for health care benefits that cover inpatient and outpatient services for chemical dependency.

Human Resources and the Human Resources Business Partners are available to assist supervisors with employee issues related to suspected alcohol or drug use of employees and can assist in upholding the expectations and requirements outlined in the policy while maintaining compliance with any relevant collective bargaining agreement. 

Montana State University is an environment where unlawful possession, consumption, use or distribution of illicit drugs and alcohol by students and employees on campus property is prohibited. 

Individuals who violate the University policy, city or state laws are subject to disciplinary action.  MSU  students will face disciplinary sanctions under the Code of Student Conduct.  MSU employees will face disciplinary action under personnel policies or applicable collective bargaining agreement.   

 Groups displaying unreasonable and irresponsible conduct or violating this University Alcohol/ Other Drugs policy will jeopardize continuance of the University-recognized or supported event and access to University service and facilities. 

Individuals may also be subject to criminal prosecution.  Criminal sanctions, regardless of status, may include jail, probation, mandatory counseling and/or education, fines, and suspension or revocation of driving privileges. 

 

If a student accepts responsibility through an administrative agreement or is found responsible through a formal hearing for additional violations stemming from the same incident involving alcohol or drugs, other sanctions may be proposed or applied. Specifically, if disruption accompanies alcohol or drug cases, additional sanctions may be discussed/proposed. These can include community service, residence hall probation or removal, conduct probation, peer mentoring, etc. Or if disruption related to the smell of alcohol and/or drugs in the residence halls is the sole violation, any or all of the same sanctions may apply.

When considering outcomes for alcohol or drug violations, all cases are contextualized. For instance, not all violations are resolved exactly the same way. There are obvious variables that could impact the outcomes listed below, including level of intoxication, the intoxicant, etc.


If you have been cited or arrested for an alcohol or drug-related law violation, the conduct officer may allow court-ordered sanctions to substitute for University sanctions. This is especially relevant to alcohol and drug education classes and community service.

  • Recommended Sanctions for a first violation of an alcohol or drug policy are a University Warning and the completion of an Alcohol/Drug Education course. 
  • Recommended Sanctions for a second violation are conduct probation/residence hall probation or relocation and/or an additional level of Alcohol or Drug Education.
  • Recommended Sanctions for a third violation are conduct suspension, housing removal and/or additional Alcohol or Drug Education, including a substance abuse assessment.

For more information , visit:  Alcohol and Drug Policies - Office of the Dean of Students | Montana State University

Compliance with this policy is a condition of continued employment and violations of this policy will result in disciplinary action, up to and including, termination of employment in accordance with any applicable collective bargaining agreement. An employee may be required to successfully complete a drug/alcohol abuse rehabilitation program before returning to work if termination of employment does not occur. Workplace Expectations and Conduct: Drug, Alcohol, and Tobacco Free Workplace Policy. 

Montana State University recognizes that certain barriers may exist that would prevent students from seeking medical assistance for themselves or others when someone’s health and/or safety is at risk due to alcohol and/or drug use, or where other health issues arise where alcohol or drugs are being used. Therefore, to ensure that students receive prompt and appropriate attention for urgent medical situations, and to ensure there are no impediments to seeking such assistance, Montana State University implemented the Medical Amnesty policy. 

 

To promote the safety, health, and wellbeing of students at Montana State University, the University expects its students and organizations to immediately contact university staff, emergency medical services or law enforcement when they have reason to believe a fellow student is too impaired/intoxicated from alcohol/drug use to seek competent professional medical help on their own, or otherwise in need of urgent medical attention. Students should act immediately and not wait for any conditions to worsen when the health and safety of someone is at risk.  The full text of the policy can be found here: Medical Amnesty Policy - MSU Policies and Procedures | Montana State University