The fate of voter approved Ballot Initiative 190 (I-190) has been up in the air since it’s approval in November 2020. Focused on legalizing adult-use cannabis and funding conservation efforts, it received pushback from Republican lawmakers. They argued that only lawmakers have the ability to make spending decisions. It’s beyond the scope of what the public can do by adding in spending measures to I-190.
But the option that Republicans created for spending is to fund the general fund, and nothing else. All conservation efforts approved by voters by 57 percent saw removal from the various House bills. Then the House almost killed all legalization bills over a miscommunication. In order to give the Senate more options to choose from, the House approved all three measures it almost killed.
HB 701
The House bill most approved among lawmakers earned a vote in the Senate Select Committee on Marijuana Law. HB 701, which focused more on limiting I-190’s measures, became heavily amended before receiving approval from the committee.
- Home growth allowed again
- Two plants per person and four plants total in a house
- Conservation efforts restored to bill to follow along with voter approved measure
- Not as intense as I-190, but efforts still present
- Legalization will continue even if certain aspects and changes become struck down in court
Funding
The other big aspect of amending HB 701 is how revenue would be allocated to different programs and departments. A 20 percent sales tax will go on all legal adult-use sales. Revenue will first go to the Department of Revenue before being divided up. $6 million will go towards the HEART Fund, which is a substance abuse prevention program created by Governor Gianforte.
20 percent of revenue would go for Habitat Montana and four percent each would go to the parks, trail maintenance, and non-game wildlife habitat. An undetermined amount of funding will go to tribal healthcare and to veteran care and Department of Justice programs. The remaining revenue funding will go to the state’s general fund. Municipalities can then add on up to three percent more tax on sales in their areas.
However, even with all of this funding allocated in appropriate areas, it won’t become available all at once. For the first year of legal sales, parks, trail maintenance, and non-game wildlife will split around $2 million. Beginning in 2023, Habitat Montana will receive around $5.4 million. These funds will continue until 2024 and past. The conservation easement program will receive 20 percent of funds after the HEART Fund receives their allocated funding. By that time, the parks, trail maintenance, and non-game wildlife habitat will receive around four percent each of revenue funds.
Future
It does seem confusing, but it is still a step in the right direction. Voters are going to see more of what they want in their legalization effort, I-190. It will just take time for legalization to be approved. The next step for HB 701 is a Senate vote. If approved, it will be sent back to the House since amendments were added, then head to Governor Gianforte’s desk.
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