Helena Drug Distribution Lawyer

Drug Distribution Attorney in Helena, MT

Drug distribution charges can be intimidating and may result in serious consequences. The penalties associated may include paying hefty fines, serving a prison sentence, and having a long-lasting criminal record that could impact opportunities for future employment and housing. When facing these allegations, it is important to have a Helena drug distribution lawyer represent you.

About Delli Bovi, Martin, & Reed, LLC

At Delli Bovi, Martin, & Reed, LLC, we have spent decades serving the people of Montana through effective and thorough legal counsel. Our attorneys have diverse backgrounds in criminal and employment law, and we have effectively resolved over 1,000 cases.

We offer honest and reliable representation both in and out of the court, where the client becomes an active participant, and not a bystander, in their legal process. Hire a skilled Helena drug crime lawyer from our firm who can work tirelessly to address all of your legal needs.

Criminal Distribution of Dangerous Drugs in Montana

Montana Code § 45-9-101 explains that an individual commits criminal distribution of dangerous drugs when they sell, exchange, barter, or give away, or offer to, any dangerous drug defined under MT Code § 50-32-101. If not acting on behalf of an authorized agent or medical practitioner, an individual can be charged with criminal drug distribution and face penalties that vary according to the severity of the offense.

Penalties for Drug Distribution in Helena

State-level drug distribution cases in Helena are primarily handled by the First Judicial District Court. Penalties the court will hand down in the event of a conviction depend on the quantity and type of drug distributed.

A person convicted of criminal distribution of fentanyl and its derivatives may serve a mandatory prison sentence of not less than two years and not more than 40 years. Fentanyl is deemed a high-risk threat to public safety, with about 80 overdose deaths in 2023, so penalties are more severe.

Aggravating factors like the distribution of drugs to a minor can influence the sentence given. First-time offenders can face up to 40 years in prison, while repeat offenders can potentially be given a life sentence. If a person dies from using the drugs distributed, an individual could face up to 100 years in prison. Fines may not exceed $50,000.

Drug Classification System in Montana

Montana follows a similar drug classification system under the federal Controlled Substances Act. Substances are labeled according to their potential for abuse and risk of physical/psychological dependence:

• Schedule I and II drugs have high potential for abuse and dependence: The possession or distribution of Schedule I drugs is prohibited. Schedule II drugs can be used for medical purposes under limited circumstances.
• Schedule III and IV drugs have moderate to low potential for abuse and dependence: Substances may include pain relievers, anabolic steroids, and anxiety medication.
• Schedule V drugs have low potential for abuse: Medical use is widely acceptable as long as the prescribed doses are small and controlled.

Montana may be more stringent in the prosecution of drug offenses, with certain upward crime trends. For example, the state government reported a 24.4% increase in cocaine/crack seizures from 2023 to 2024.

At Delli Bovi, Martin, & Reed, LLC, we understand that multiple legal and statistical considerations can be frustrating for a case. A skilled drug distribution lawyer from our firm can help navigate Montana drug laws and explain how they may relate to your circumstances.

Defenses for Criminal Drug Distribution Charges

Our attorneys can accurately review the facts of your case to prepare an effective defense. We may consider whether the drugs seized were a product of an illegal search, which would constitute a violation of the Fourth Amendment. Legal searches require a warrant and probable cause, and the absence of both can result in a dismissal of charges. Our team may also challenge the strength of the evidence linking the drugs to you.

Drug distribution charges are more severe than possession charges. This is due to Montana’s intent to address a 559% increase in drug offenses in the state since 1980.

We can challenge the intent to distribute to obtain a lesser charge and sentence. Additionally, we can use medical records and authorized prescriptions to create a well-rounded defense.

FAQs

What Are the Penalties Associated With a Drug Distribution Case in Helena?

The penalties associated with a drug distribution case in Helena depend on the amount and type of drug distributed, as well as other aggravating factors. For example, an individual may face a harsher sentence if they sell drugs to a minor. Additionally, if a person dies from the usage of the drugs that were distributed, then the offender may face up to life in prison. An offender may also be ordered to pay anywhere between $50,000 and $100,000 in fines.

What Is Criminal Possession With the Intent to Distribute in Helena?

Montana Code § 45-9-103 explains that an individual commits criminal possession with the intent to distribute if there is evidence suggesting the intent to sell or distribute controlled substances. A prosecutor must prove intent to distribute by showing that the drug quantity found in the accused’s possession exceeds what is permitted by the state, as well as considering other situational factors.

Is It Illegal to Transport Drugs Across State Lines for Distribution?

Yes, it is illegal to transport drugs across state lines for distribution. The transportation of dangerous drugs across state lines is both a state and federal offense, which may result in trafficking charges. Schedule I and II controlled substances carry the most regulations, and their transport in and out of the state can lead to a lengthy prison sentence. These are serious accusations, so it is important to thoroughly discuss your case with a lawyer.

Is the Distribution of Marijuana Illegal in Helena?

The distribution of marijuana is illegal in Helena and throughout the state if you are not a licensed dispensary. The use of recreational and medical marijuana is legal for adults over 21 years old in the state; however, only licensed dispensaries can distribute or sell the drug. Criminal charges can be added if you are found in possession of an amount that exceeds what is legally permitted.

Hire a Drug Distribution Lawyer Today

Delli Bovi, Martin, & Reed, LLC, can work hard to protect your constitutional rights and provide affordable legal services. Hire a drug distribution lawyer from our team, who can listen to you without judgment and offer a realistic action plan to address your legal needs. Contact us today for a consultation.