Section 61-8-1027 - Unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in motor vehicle on highway(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle if the person knowingly possesses marijuana, marijuana products, or marijuana paraphernalia, as those terms are defined in 16-12-102, within the passenger area of a motor vehicle on a highway.(2) This section does not apply to marijuana, marijuana products, or marijuana paraphernalia: (a) purchased from a dispensary and that remains in its unopened, original packaging;(b) in a locked glove compartment or storage compartment;(c) in a motor vehicle trunk or luggage compartment or in a truck bed or cargo compartment;(d) behind the last upright seat of a motor vehicle that is not equipped with a trunk; or(e) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger.(3)(a) A person convicted of the offense of unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle shall be fined an amount not to exceed $100.(b) A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, 46-18-236, 61-8-104, or 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.Added by Laws 2021, Ch. 576,Sec. 8, eff. 1/1/2022.Contingent voidness. Section 115 of Laws 2021, Ch. 576 provides: "Contingent voidness. If the Montana supreme court determines that Initiative Measure No. 190, approved November 3, 2020, other than the portions relating to revenue distribution, is in violation of the Montana constitution and the constitutional infirmity invalidates the entire initiative, then both Initiative Measure No. 190 and [this act] [Ch. 576] are void."