80-18-111. Affirmative defense for possession or cultivation of marijuana, MCA

Montana Code Annotated 2019

TITLE 80. AGRICULTURE

CHAPTER 18. ALTERNATIVE AGRICULTURAL CROPS

Part 1. 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 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; amd. Sec. 6, Ch. 289, L. 2019.