Cannabis in Montana

In the US state of Montana, cannabis is legal for medical uses, but has been illegal for recreational use since 1929. Medical cannabis was legalized by ballot initiative in 2004. The Montana Legislature passed a repeal to tighten Montana Medical Marijuana (MMJ) laws which were never approved by the governor. However, with the new provisions, providers could not service more than three patients. In November 2016 Bill I-182 was passed, this revised the 2004 law and allowed providers to service more than three patients.[1]

Background

Prohibition (1929)

Cannabis was banned in Montana in 1929, following a Health Committee meeting which was described in the local paper as "great fun", during which representative Dr Fred Fulsher[2] of Mineral County justified the ban due to marijuana's effects on Mexicans: "When some beet field peon takes a few rares of this stuff... he thinks he has just been elected president of Mexico so he starts out to execute all his political enemies."[3]

Kurth Ranch case

In 1985, the Kurth family of Fort Benton, Montana turned to cannabis growing to save their failing beef ranch. Their efforts were successful, and after reducing their debts they decided to scale back their cannabis business, but were then threatened by drug traffickers they had done business with. The ranch was attacked by criminals impersonating DEA agents who beat the owners and stole plants, and the couple was threatened with reporting their activities to the DEA if they did not pay extortion money. The extortionists did indeed report the ranch, and in October 1987 it was raided by the DEA, and the Kurths arrested.[4]

Following their prosecution on drug charges, the Kurths were informed that they also owed tax on their cannabis proceeds to the Montana Department of Revenue. In the case of Montana Department of Revenue v. Kurth Ranch (1994), the Supreme Court concluded that Montana's 1987 Dangerous Drug Tax Act, passed just weeks before the Kurth's arrest, was a punitive tax rather than normal revenue generation, and that to tax their proceeds after the Kurths had already been punished for drug charges would be unconstitutional double jeopardy.[5]

Medical cannabis

Measure I 148, the Montana Medical Marijuana Act, was a ballot initiative approved by 62% of the popular vote in 2004: 276,042 to 170,579.[6][7]

2011 attempted repeal and limitations

In 2011, House Bill 161 to repeal I-148 was passed by both houses of the Montana Legislature, but vetoed by Governor Brian Schweitzer.[8] Following the veto, the Legislature instead placed strong restrictions on the medical program, but a number of the restrictions were blocked by state District Judge James Reynolds pending further review. The 2011 attempts at limitations were sparked by the rapidly growing number of medical marijuana cardholders in the state, growing from 2,000 in March 2009, to 31,000 by May 2011; following the restrictions, by November 2014 the number of cardholders had dropped to over 9,000.[9][10]

2016 ballot initiatives

As of mid-2015, there were three proposed ballot initiatives for the November 2016 elections in Montana: I-182 a proposal to loosen the rules on quantities and recipients for medical cannabis including adding Post Traumatic Stress Disorder (PTSD) as a qualifying condition; Glendive journalist Anthony Varriano's proposal to legalize recreational cannabis for adults 21 and over; and Billings businessman Steve Zabawa's proposal to require Montana's drug policy to follow federal policy, which would put an end to the state's medical marijuana program.[11][12]. On November 6, 2016, Initiative I-182 passed with 58% approval.[13]

2017 legislation

Montana’s Department of Public Health and Human Services (DPHHS) oversees the state’s medical marijuana program, and they opted to use the Marijuana Enforcement Tracking Regulation and Compliance system.[14] In May 2017 Governor Steve Bullock signed into law SB333[15], which further regulates the medical cannabis industry by adding mandatory testing and seed to sale tracking. SB 333 also imposes a 4% tax on medical marijuana beginning July 1, 2017 and decreases to 2% beginning on July 1, 2018.

Adult use initiative (2020)

In January 2020, marijuana activists associated with New Approach Montana submitted Montana I-190, a ballot initiative to legalize cannabis in the state.[16]

References
  1. "Montana's rocky medical marijuana history". MMP. Retrieved 7 June 2017.
  2. https://books.google.com.au/books?id=U0PQAAAAMAAJ&pg=PA475&lpg=PA475&dq=beet+field+peon&source=bl&ots=y093nHHgGm&sig=ACfU3U2YmzwbCemQwJyItfg2Fw13L2eLfA&hl=en&sa=X&ved=2ahUKEwjjzPSgjIXqAhUX4jgGHW-qANAQ6AEwAXoECA4QAQ#v=onepage&q=beet%20field%20peon&f=false
  3. Robert M. Hardaway (2003). No Price Too High: Victimless Crimes and the Ninth Amendment. Greenwood Publishing Group. pp. 92–. ISBN 978-0-275-95056-9.
  4. "Rancher Dick Kurth's World Went Up in Smoke After He Bet His Family's Future on Dope". people.com.
  5. Montana Dep't of Revenue v. Kurth Ranch, 511 U.S. 767 (1994).
  6. Beth Williams (18 October 2013). Exploring Initiative and Referendum Law: Selected State Research Guides. Routledge. pp. 199–. ISBN 978-1-317-96527-5.
  7. "Montana Medical Marijuana Allowance, I-148 (2004)". ballotpedia.org.
  8. "Montana Governor vetoes repeal of 2004 medical marijuana measure". ballotpedia.org.
  9. Matt Volz (July 13, 2015). "Montana Supreme Court to consider medical marijuana commercial sales". Associated Press.
  10. Charles S. Johnson (January 3, 2015). "Judge blocks medical marijuana restrictions in Montana". Missoulian.
  11. Edward O'Brien. "Three Marijuana Initiatives Could Appear On Montana Ballots This November". mtpr.org.
  12. Troy Carter (8 July 2015). "Initiative proposes removal of restrictions on medical marijuana in Montana". Bozeman Daily Chronicle.
  13. "Montana Medical Marijuana Initiative, I-182". Ballotpedia. Retrieved 7 June 2017.
  14. "Montana Cannabis Providers Adapt To New Rules". cannahealth.org.
  15. "2017 Montana Legislature, Senate Bill 333".
  16. Jaeger, Kyle (2020-01-14). "Montana Activists Submit Measure To Legalize Marijuana In 2020". Marijuana Moment. Retrieved 2020-06-12.
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