Montana became one of four states to pass adult-use cannabis measures this past general election along with Arizona, New Jersey, and South Dakota. Arizona started legal sales at the beginning of February with no hitches in implementing changes. New Jersey lawmakers and Governor Phil Murphy (D) finally came to an agreement on adult-use legalization at the end of February. South Dakota’s Amendment A to legalize adult-use cannabis became unconstitutional by a Sixth Circuit Judge at the beginning of February. It’s currently getting ready for an appeal in the state’s Supreme Court in April. But what about Montana? No news has come from the state since the general election. Are lawmakers even discussing the measure voters approved by 57 percent? What is happening to Montana cannabis laws?
Initiative 190
November 2020 saw the election of a new president on the national level along with some major state changes. Montana voters approved Initiative 190 (I-190). This created a legal adult-use cannabis system in the state. I-190 also included measures to expunge and pardon previous cannabis convictions as well as place a 20 percent tax on each cannabis sale for adults over 21.
Right after it became approved, Wrong for Montana, an anti-cannabis legalization group, filed a lawsuit against I-190. They stated that the initiative was unconstitutional because it tried to allocate where tax revenue from sales went. Revenue allocations aren’t for the public to decide. They are for lawmakers to decide. The Supreme Court declined to hear the case before the election. There hasn’t been any recent news about this lawsuit since its filing in November.
Lawmaker Pushback
However, since I-190 became legal on January 1, 2021, various bills have been introduced to work against the voter approved initiative. A few bills have been tabled or rejected by the House Business and Labor Committee. The first bill is HB 457, which would have pushed back the sales by one year. Under I-190, sales will begin January 1, 2022, but HB 457 would have pushed that back to 2023. HB 457 effectively died after being tabled in its committee hearing. It is not going to be brought up again this legislation session.
The other bill completel rejected was HB 568. This would limit the amount of dispensaries in specific areas based on population. The committee rejected this 18-9, making it a dead bill.
A third bill became approved in the Senate Public Health, Welfare, and Safety Committee with a vote of 6-3. SB 341 would limit potency of products to only 15 percent THC and would limit a person from purchasing more than one ounce of legal adult-use cannabis a week. Additionally, it scales back employment protections for patients and prevents those with previous drug related convictions from participating in the expanding cannabis industry. SB 341 is currently waiting for a second committee hearing before potentially moving to a full Senate vote.
Positive Progress
Despite the pushback from some lawmakers on I-190, there is a positive. Currently approved by the House Judiciary Committee, HB 517 looks to help adults ages 18-20. As the law reads right now, anyone under 21 can face up to eight hours of drug education/counseling and a $100 fine for up to one ounce of cannabis possession. HB 517 looks ro reduce the penalties for adults 18-20 and remove the fine for minors under 18. This shows encouragement and understanding that cannabis is in the community, but it isn’t a harm. It shouldn’t be punished so severely.
No matter where Montana takes I-190, adult-use cannabis will be legalized for sales starting January 1, 2022. It’s simply surprising that the process is taking an extended amount of time. Montana became one of the first states to approve medical cannabis back in 2004, more than 15 years ago.
As more information develops around Montana I-190, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.