Montana Code Annotated 2017

TITLE 80. AGRICULTURE

CHAPTER 18. ALTERNATIVE AGRICULTURAL CROPS

Part 1. Industrial Hemp

Affirmative Defense For Possession Or Cultivation Of Marijuana

80-18-111. Affirmative defense for possession or cultivation of marijuana. (1) It is an affirmative defense to a prosecution for the possession or cultivation of marijuana under 45-9-102, 45-9-103, and 45-9-110 that:

(a) the defendant was growing industrial hemp pursuant to this part;

(b) the defendant had valid applicable controlled substances registrations from the United States department of justice, drug enforcement administration; and

(c) the defendant fully complied with all of the conditions of the controlled substances registration.

(2) This section is not an affirmative defense to a charge of criminal sale or distribution of marijuana.

History: En. Sec. 7, Ch. 360, L. 2001.