Discussion lasted long for many lawmakers when it came to creating a bill for voter approved I-190 measure. This would offer recreational cannabis legalization in Montana, making it the 15th state to do so since 2012 with Colorado and Washington. But lawmakers wanted to change I-190 a bit to better function with the state’s constitution. So they wrote HB 701. But in another round of miscommunication, HB 701 almost didn’t pass the House and head towards the governor’s desk. 

HB 701

While not exactly the same as voter approved measure I-190, there are still core aspects that are the same. The Senate did add in some amendments, some the same as I-190 and others different. Conservation efforts were a big part of HB 701 just like they were in I-190. Senators said that they wanted to stick as close as possible to what voters wanted. But some House members weren’t so inclined.

When HB 701 returned to the House after the Senate approved their amendments, many House Republicans spoke out against these changes. They didn’t want home growth allowed, which the Senate had approved. They wanted to lower the 20 percent tax on sales, but the Senate kept the tax rate the same. Finally, the House embers wanted to remove the option for local excise taxes to be added on to sales. But the Senate left that measure in. 

Result

Because of these changes, or lack thereof, many House Republicans voted against HB 701. They wanted to meet with Senators in a conference committee to create a compromise. However, the legislative session in Montana ends this week. And if a compromise isn’t reached by then, then the bill is dead. All the work the lawmakers have been gearing towards will have effectively gone down the drain. 

And when lawmakers realized this, a vote was called once again. This time, the House voted 67-32, creating a majority rule. That sent HB 701 to the governor’s desk for signature. 

Outcry

Even though HB 701 is headed to the governor’s desk for a signature, there are still some House Republicans who are actively speaking out against some of its amendments. 

One dominant Republican, Representative Bill Mercer, continued to repeat his initial argument. The state would be allocating millions of dollars in projected revenue into various programs, but actual numbers couldn’t be established because they hadn’t happened yet. The government shouldn’t be spending money it didn’t yet have. 

“I don’t think there’s any way we’re going to see the revenue materialize in 2023 that’s been forecast,” Representative Mercer said. “We are creating new spending that is completely unrelated to the tax that is being proposed.”

Future

Whether HB 701 will become law or not is up to Governor Gianforte. If he doesn’t sign it, then I-190 will begin as written and approved by voters. Lawmakers will have spent all this time on HB 701 for nothing. Governor Gianforte is expected to sign the bill. Recreational cannabis sales will begin January 1, 2022. 

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