Minors in Possession (MIP) Law
The current MIP Law, SB 362 was passed by the 2003 Montana Legislature. According to that law
- A person under 21 years of age commits the offense of possession of an intoxicating substance if the person knowingly consumes or has in the person’s possession an intoxicating substance.
- A person does not commit the offense if the person consumes or gains possession of the beverage because it was lawfully supplied to the person under 16-6-305 (parent, doctor, or religious) or when in the course of employment it is necessary to possess alcoholic beverages.
Under 18
1st Offense
- $100-$300 fine
- 20 hours community service (plus fees)
- Substance abuse education course with parents (plus cost of completion of the MIP course)
- Driver’s license confiscated for up to 30 days
2nd Offense
- $200-$600 fine
- 40 hours community service (plus fees)
- Substance abuse education course with parents (plus cost of completion of the MIP course)
- Driver’s license confiscated for up to 6 months
- Complete chemical dependency assessment and complete treatment if recommended (plus the cost of an assessment)
3rd Offense
- $300-$900 fine
- 60 hours community service (plus fees)
- ACT course, which includes an assessment and possible treatment if recommended (plus cost of course)
- Driver’s license confiscated for up to 6 months
- Possible jail for up to 6 months
18 and Over
1st Offense
- $100-$300 fine
- 20 hours community service (plus fees)
- Substance abuse education course (plus costs)
- Attend a Victim Impact Panel (plus fees)
- Driver’s license confiscated for up to 30 days
2nd Offense
- $200-$600 fine
- 40 hours community service (plus fees)
- Substance abuse education (plus cost)
- Attend a Victim Impact Panel (plus fees)
- Driver’s license confiscated for up to 6 months
- Complete chemical dependency assessment and complete treatment if
recommended (plus the cost of an assessment)
3rd or Subsequent Offense
- $300-$900 fine
- 60 hours community service (plus fees)
- ACT course, which includes an assessment and possible treatment if recommended (plus costs)
- Driver’s license confiscated for up to 6 months
- Possible jail for up to 6 months