On the last day of the 87th session, Montana House Republicans added on major changes to HB 640. It happened quickly and in an attempt to change cannabis legalization measures. Two amendments became added. One would put revenue from cannabis sales into a trust fund. The trust fund would handle any negative actions from HB 701, the cannabis legalization bill. The other amendment would severely limit access to medical cannabis patients, including the ones with a medical cannabis card. However, the Montana Senate shot down the new amendments.

Amendment Changes

The first major amendment, sponsored by Representative Matt Regier (R), would redirect some of the cannabis tax revenue to a state trust fund. The interest from the fund would address any future negative impacts from cannabis use itself. Whether it be on citizens, businesses, or the government itself. This bill originally was attached to HB 670, which was a more conservative cannabis legalization bill considered early on. However, it became tabled in favor of HB 701. HB 701 went on to be approved by the Senate and is headed for Governor Gianforte’s desk. 

The other amendment would require anyone wanting a medical cannabis card to have a referral from a board certified pain medicine physician.

Opposition

“You certainly are ending medical marijuana for the vast majority of the folks that are utilizing this legal product right now and have been for a number of years.” Senator Ellie Boldman (D) said in response to changing the medical cannabis laws. “And if that’s not enough, all of those businesses that provide products to those medical, you end them too, the farmers and the small business owners in your county.”

Senator Boldman also said that in Montana, there are only four physicians who are board certified in pain medicine. 

There are around 41,000 people enrolled in Montana’s medical cannabis program. Of those, 32,000 have prescriptions for chronic pain. If this amendment became approved, many medical patients in rural areas would suffer. A medicine they once had access to they no longer would get. Republican lawmakers responded by saying that many of the medical cannabis users would switch to recreational use.

However, under HB 701, counties must vote to allow cannabis businesses where most voters opposed the initial measure, I-190. And if they voted against the initiative once, they are more than likely to do it again. Rural medical patients would have even more limitations placed on them. They would have to drive long distances for a recreational business where they could get the medicine that they need. 

Final Vote

HB 640 with it’s new amendments did pass in the House with a vote of 64-35. However, it failed in the Senate 22-28. 21 Democrats and 9 Republicans voted against these amendments. They criticized others for trying to change the legal cannabis system of HB 701 after it’s approval.

Governor Gianforte is expected to sign this bill, and hopefully soon. When signed, legal recreational sales will begin in Montana on January 1, 2022. 

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