The upcoming Montana Legislature is likely to address many questions about medical marijuana, from taxes on its sale to cannabis storefronts, all while waiting to see what the Trump administration will do at the federal level.
Montana voters in November passed I-182, a citizen initiative that repealed the three-patient limit placed on medical marijuana providers, though language in the initiative initially prevented it from taking effect until June 30 — after the Legislature ends. A Dec. 7 district court ruling, however, implemented the new patient limits immediately.
The most talked-about legislative move thus far has been a proposal from Democratic Gov. Steve Bullock to put a 6 percent tax on marijuana sales. Missoula Sen. Diane Sands, a Democrat, said that legislators and the medical marijuana industry are generally resigned to a tax, but debate is still likely over the size of the tax and what will happen to the revenue generated from it.
Billings Democratic Rep. Kelly McCarthy supports a tax, so long as the money is used to regulate that program only and does not go into the general fund.
Taxing medications especially when we have no other example of a taxed medication in Montana to put money in the general fund, I dont agree with that, McCarthy said.
Many critics of the tax have cited the lack of taxes on medicine, but unlike other medication, cannabis is not regulated or approved by the federal government.
Even as the tax debate plays out, other regulations are being discussed between legislators and the medical marijuana industry. Rep. Daniel Zolnikov, R-Billings, said the Legislature is looking to strike a balance between the strict three-patient limit and the really out of control medical marijuana where anybody can get it.
(Voters) just want this to be done right and taken care of, he said.
Zolnikov listed several regulatory measures that are supported by the medical marijuana industry, including plant testing, increasing the number of years of residency required for providers and raising the plants-per-patient limit.
This is going to impose tighter restrictions, Zolnikov said. Even if some legislators are against it, he said, its going to ensure that the people who need it get it, and that theres checks and balances in place.
Legislators will also likely vote on other proposals to radically rein in or even repeal the medical marijuana system completely.
Steve Zabawa, director of anti-legalization advocacy group Safe Montana, wants dispensaries to more closely resemble traditional pharmacies. He also said he would like to see the effects of marijuana on humans thoroughly tested.
Current federal laws prevent most testing.
Sands said medical marijuana advocates are wary of President-elect Donald Trumps choice of Alabama U.S. Sen. Jeff Sessions as attorney general. Sessions has been outspoken in his opposition to marijuana legalization at any level.
It is 100 percent federally illegal and there is absolutely nothing a state legislature, an initiative or a court can do that makes it legal, Sands said.
She said that while the current administration tolerated many legalization efforts across the country, all bets are off if Sessions is confirmed.
News Moderator: Katelyn Baker
Full Article: With Federal Changes Looming, Montana Legislators Work On Medical Marijuana Compromises
Author: Michael Siebert
Contact: 406-587-4491
Photo Credit: AP
Website: Bozeman Daily Chronicle
