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Bill would split minor possession offenses to track alcohol and marijuana separately
Summary
A bill sponsored by Sen. Tom McGillvray would amend Montana law to record whether minors cited for possession are in possession of alcohol, marijuana or other intoxicants, without changing penalties.
Sen. Tom McGillvray introduced legislation to separate minor-possession offenses by substance so state systems can track whether a cited youth had alcohol, marijuana or another intoxicating substance.
The bill adds two sections to the existing minor-possession language: one specific to unlawful possession or attempt to purchase alcohol and another specific to unlawful possession or attempt to purchase marijuana. "So by delineating marijuana and alcohol separately, we can now track them," McGillvray said during the hearing.
Tom Belting, bureau chief for youth court services in the Office of Court Administrator, testified in support and said the change will allow agencies to record the specific substance at the point a law-enforcement citation is written. "At the point of contact with law enforcement, they would, when writing a citation, identify which section — what substance the youth is in possession of," Belting said, adding that clearer coding will make data entry into court and youth data systems more accurate.
Committee members asked whether the bill changes penalties or consequences such as community service or license suspension. McGillvray and Belting emphasized the bill does not alter penalties: it only separates existing language so tracking is possible. Representative Zephyr raised concerns about how community-service orders and license suspensions might interact in practice; McGillvray replied several times that the bill does not change current law or sanctions, only how offenses are coded.
The hearing record shows support from youth-court staff and no formal opponents in the committee. There were no votes recorded at the hearing; the bill remained under committee consideration.
The bill’s sponsor said the change is intended to improve data on youth substance exposure as the state evaluates trends in teen marijuana use and intoxication.
The committee did not take a final vote during the hearing; the bill will proceed according to the committee’s scheduling process.
