Resentencing and expungement of old marijuana convictions in Montana

The passing of Initiative 190 back in November legalized the recreational use of marijuana in Montana for anyone over the age of 21. Under this initiative, Montana adults may now grow their own marijuana plants and possess up to 1 ounce of flower or 8 grams of concentrate.

As a of January 1, 2021, these measures took effect which means anyone 21 and older may now grow, use, and have marijuana so long as they follow all the rules and regulations laid out in Initiative 190. 

See also: Everything you need to know about recreation marijuana in Montana.

But while recreational marijuana is now legal, there are still a number of questions about what that means for people convicted of marijuana-related crimes.

So let’s walk through it.

Is weed legal in Montana now?

Yes, and no. Under Initiative 190, criminal penalties for the use or possession of up to 1 ounce of marijuana (or 8 grams of marijuana concentrate) no longer apply to any adult over the age of 21. As of January 1, 2021, Montana adults may now use, possess, and even grow marijuana plants, so long as they follow certain rules and regulations. However, possession and use of marijuana remains illegal in many circumstances. 

What does that mean for someone already convicted of a marijuana-related crime? 

Initiative 190 lays the groundwork for what is and isn’t considered a marijuana-related crime. Anyone currently serving a sentence for an act that’s permitted by I-190 is now eligible to apply for expungement or resentencing of their conviction. However, people serving sentences for crimes not allowed under I-190 don’t have the same luxury.

If you’ve been charged for the possession of marijuana in Bozeman or anywhere else in Montana, finding an attorney to represent you is the first step to getting your record clean. Emma Buescher is an experienced attorney who represents clients in Montana who have been charged with possession of marijuana or any other marijuana offense.

This blog post is not legal advice and specific legal advice varies on a case by case basis. Contact a criminal defense attorney for help.