Legislators defeat bills to undermine Montana’s voter-approved cannabis laws

In 2020, 57% of Montana voters approved Initiative 190, legalizing and regulating cannabis for adults 21 and older. This year, Senator Greg Hertz (R) proposed two bills — SB 255 and SB 443 — that sought to dramatically erode the voter-enacted cannabis law. After popular uproar, both bills failed.

As MPP and the Montana Cannabis Guild explained in an op-ed that ran in several publications, SB 255 would have required individuals to pay a $200 annual registration fee to obtain a state-issued card in order to legally use cannabis, and would have created a state-run registry of cannabis consumers. The bill died without ever receiving a hearing.

SB 443 proposed to cap THC levels in all cannabis products at 15% — which would ban virtually all cannabis flower, vapes, cartridges, and concentrates. It was assigned to the Senate Business, Labor, and Economic Affairs Committee. At a bill hearing, opponents outnumbered supporters by more than 2:1. The committee tabled the bill with an 11-1 vote, and the full Senate rejected a motion to spring it from committee, 27-23. 

Find out how your senator voted on banning virtually all products consumers want to buy, and let them know how you feel about their vote.

Montana Legalization Law Five Years In

MPP was proud to play a major role in the 2020 campaign to legalize cannabis for adults 21 and older in Montana. In 2021, lawmakers approved a bill, HB 701, to modify and implement the voter-approved law. Check out our summary here. 

Adult-use cannabis businesses first opened in January 2022. In 2023 and 2024, multiple counties voted on cannabis policy measures. Some opted to allow adult-use dispensaries and adopt a 3% local cannabis tax, while others rejected similar proposals, choosing to continue local prohibition of cannabis sales.

The Montana Legislature has made several adjustments to cannabis policy since legalization. Lawmakers extended a moratorium on new cannabis business licenses until June 30, 2025, meaning only previously licensed medical providers can enter the adult-use market. Efforts to increase dispensary licensing fees were overturned in court, and legislators banned synthetic THC products like Delta-8.

Despite some county bans, cannabis sales surpassed $1 billion in early 2025. And as of late 2024, Montana has generated over $150 million in cannabis tax revenue, demonstrating the industry’s significant economic impact. Montana’s cannabis tax revenue provides funding for public health, veterans' services, conservation, and local government services, making it a major source of state and local revenue.

Timeline of marijuana policy reform in Montana

2004: Voter approve a ballot initiative legalizing medical marijuana

2011: State lawmakers passed SB 423, which blocked access to medical cannabis for most patients

2016: Voters approve I-182, which reopened access to medical cannabis; read a summary and history of Montana’s medical cannabis law here.

2020: Voters approve I-190 and CI-118, which legalize marijuana and sets 21 as the legal age; read a summary of the legalization policy here.

2021: State lawmakers approve House Bill 701, making modifications to the voter-approved legalization law

2022: Adult-use cannabis sales begin.

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