Montana Supreme Court

State v. D. Pein

November 12, 20252025 MT 258

Summary

The Court held that Montana's plea-agreement statute does not authorize incorporating a deferred-prosecution agreement into a plea agreement, so it vacated the convictions arising from that invalid incorporation and remanded for further proceedings. It affirmed Pein's conviction on Count VI, rejecting his argument that marijuana could not be classified as a Schedule I substance. The Court did not decide several additional challenges because they were unnecessary or not properly before it.