Lloyd Scott Maier v. State of Montana

Summary

The Montana Supreme Court affirmed the denial of Lloyd Scott Maier’s petition to expunge or redesignate his felony conviction for possessing more than 60 grams of marijuana. The court held that possession of more than two ounces was not an act permitted under the Montana Marijuana Regulation and Taxation Act, and that the statutory provision allowing an indeterminate amount of marijuana for home cultivation did not apply based on the conviction’s face.

Holdings

1. A conviction for possessing more than 60 grams, or approximately 2.12 ounces, of marijuana does not qualify on its face for expungement or redesignation because the Montana Marijuana Regulation and Taxation Act does not permit possession of more than two ounces under its ordinary possession provisions.
2. The State and District Court improperly conflated allegations underlying a dismissed charge with the conviction for which Maier served his sentence, but Maier's reliance on the private-residence cultivation provision still fails because application of that provision would require determining whether the marijuana was produced by plants cultivated within the statutory requirements.

Questions Presented

1. Whether a conviction for possessing more than 60 grams of marijuana qualifies for expungement or redesignation under the Montana Marijuana Regulation and Taxation Act.
2. Whether the statutory provision permitting possession of marijuana produced by lawfully cultivated plants in a private residence applies when the conviction establishes only possession of more than 60 grams and does not establish that the marijuana was produced by plants cultivated within the statutory limits.

Disposition

affirmed