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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 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 MIP course)
    • Driver�s license confiscated for up to 6 months
    • Complete chemical dependency assessment and complete treatment if recommended (plus the cost of 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 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 Impact Panel (plus fees)
    • Driver�s license confiscated for up to 6 months
    • Complete chemical dependency assessment and complete treatment if
      recommended (plus cost of 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

- Read the full MIP law -
- Return to the Adolescent Resource Center's MIP page-

Adolescent Resource Center  
(406) 586-5908

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