Montana I-190, Marijuana Legalization Initiative (2020)

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Montana Montana I-190
Flag of Montana.png
Election date
November 3, 2020
Topic
Marijuana
Status
Approveda Approved
Type
State statute
Origin
Citizens


Montana I-190, the Marijuana Legalization Initiative, was on the ballot in Montana as an initiated state statute on November 3, 2020.[1][2] It was approved.

A "yes" vote supported legalizing the possession and use of marijuana for adults over the age of 21, imposing a 20% tax on marijuana sales, requiring the Department of Revenue to develop rules to regulate marijuana businesses, and allowing for the resentencing or expungement of marijuana-related crimes. 

A "no" vote opposed this ballot initiative, thereby keeping the recreational possession and use of marijuana illegal under state law in Montana.


Election results

Montana I-190

Result Votes Percentage

Approved Yes

341,037 56.90%
No 258,337 43.10%
Results are officially certified.
Source

Aftermath

Implementing legislation

On March 29, 2021, the Montana House of Representatives introduced House Bill 701 (HB 701). It was passed on April 8 by a vote of 65-33 with two absent. It was amended and passed by the state Senate on April 23 by a vote of 34-16. On April 27, the state House passed the bill as amended by the senate in a vote of 67-32. On May 18, 2021, Governor Greg Gianforte (R) signed the bill.[3]

The law imposes a 20% tax on recreational marijuana sales. The revenue would be allocated as follows:

  • $6 million per year for addiction treatment services;
  • 20% of revenues to conservation;
  • 4% of revenues, up to $650,000 each, to state parks, trails, recreational facilities, and wildlife protection;
  • $200,000 to veterans services and improving veterans’ cemeteries;
  • $300,000 to the purchase of drug detection dogs;
  • $150,000 for police training; and
  • remaining amount to the state’s general fund.

Wrong for Montana lawsuit

  
Lawsuit overview
Issue: Does the new law violate the Montana Constitution and infringe on the state legislature's power to allocate tax revenue?
Court: Montana 1st Judicial District Court
Ruling: Lawsuit was withdrawn
Plaintiff(s): Steve Zabawa, Wrong for MontanaDefendant(s): Attorney General Tim Fox (R)
Plaintiff argument:
The new law violates the Montana Constitution because it requires that a portion of marijuana tax revenue be allocated to specific purposes.
Defendant argument:
The new law does not violate the state's Constitution because the legislature can still appropriate the revenue as they see fit.

  Source: KULR 8

On November 10, 2020, Wrong for Montana, the campaign that opposed I-190 and CI-118, filed a lawsuit in Montana 1st Judicial District Court arguing that the new law violates the Montana Constitution because it requires the tax revenue generated from marijuana sales to be allocated to specific purposes. The lawsuit is similar to a prior lawsuit filed before the election. The state Supreme Court declined to hear the case prior to the election.[4]

On June 14, 2021, Wrong for Montana announced that they were withdrawing their lawsuit against the approved initiative. Director Steve Zabawa said, "The goal of this lawsuit was aimed at overturning a ballot measure that was foisted upon Montanans by out-of-state, dark money groups and the pot industry. While we hoped to see this process proceed successfully, we instead will champion the work done in the Legislature to pass HB 701 into law. We are proud to say that as a result of HB 701, Montana will move forward with some of the tightest regulations on the marijuana industry in the country. As a result of the adoption of HB 701, it is our belief the issue raised in the lawsuit is moot. Therefore, we are voluntarily moving to drop the lawsuit against I-190."[5]

Overview

What changes did Initiative 190 make to marijuana policies in Montana?

See also: Measure design

Initiative 190 legalized the possession and use of one ounce or less of marijuana or 8 grams or less of marijuana concentrate by persons over the age of 21 in Montana. It allowed individuals to grow no more than four marijuana plants and four seedlings for personal use in their residence, as long as the plants are within an enclosed area with a lock and beyond public view. Montana residents are allowed to possess, use, and grow marijuana on January 1, 2021.[2]

The Montana Department of Revenue is responsible for regulating the cultivation, manufacture, transport, and sale of marijuana in Montana. It began accepting marijuana provider and dispensary applications by January 1, 2022.

Marijuana and marijuana-infused product sales would be taxed at 20% of the retail price. After deducting any administrative costs incurred by the department to enforce the initiative, the tax revenue was set to be allocated to the general fund, conservation programs, veterans programs, drug addiction treatment programs, local authorities enforcing the initiative, and healthcare workers.[2]

I-190 authorized local authorities to regulate by ordinances or resolutions marijuana establishment and testing facilities.

Under Initiative 190, persons serving marijuana-related sentences that are no longer crimes under the initiative or have a lesser punishment may request to be resentenced or have the conviction expunged depending on the circumstances.[2]

Has Montana voted on marijuana measures before?

See also: Background on Montana I-190

Medical marijuana was approved by Montana voters in 2004 with the approval of I-148, a citizen-initiative approved with 61.81% of the vote. In 2011, the state legislature passed Senate Bill 423, which repealed I-148 and established a new medical marijuana program that banned medical marijuana advertisements, limited dispensaries to three users, and required state review of doctors who prescribe marijuana to more than 25 patients per year. In 2012, advocates of medical marijuana attempted to repeal the bill, but were unsuccessful at the ballot box. In 2016, voters approved Montana Medical Marijuana Initiative, I-182, which repealed SB 243's requirements that medical marijuana providers have no more than three patients, allowed physicians to prescribe marijuana for patients diagnosed with chronic pain or post-traumatic stress disorder (PTSD), and repealed law enforcement's power to conduct unannounced inspections of medical marijuana facilities.[6][7][8]

Who was behind the campaigns surrounding the ballot initiative?

See also: Support and Opposition

New Approach Montana led the campaign in support of I-190 and CI-118. The campaign reported receiving $7.4 million in cash and in-kind contributions. Its top two highest contributors were the North Fund ($4.9 million) and New Approach PAC ($1.9 million). Pepper Peterson, a spokesperson for the campaign, said, "Our research has always shown that a majority of Montanans support legalization, and now voters will have the opportunity to enact that policy, which will create jobs and generate new revenue for our state. It also means that law enforcement will stop wasting time and resources arresting adults for personal marijuana possession, and instead focus on real crime."[9]

Ballotpedia identified one committee registered in opposition to the initiative—Wrong for Montana. The committee reported receiving $323,170.00 in cash and in-kind contributions. Steve Zabawa, treasurer of Wrong for Montana, cited Colorado in his opposition to the measure saying, "All you have to do is go to Colorado for a test site. They’ve been up and running now for eight years, and if you look at the traffic accidents, you look at the emergency room, you look at the vagrants, you look at the activity in the black market as well as the regular market down there, it has just exploded."[9]

Measure design

See also: Text of measure

Click on the arrows (▼) below for summaries of the different provisions of Montana I-190.

Marijuana legalization: Use and possession of marijuana

Initiative 190 legalized the possession and use of one ounce or less of marijuana or 8 grams or less of marijuana concentrate by persons over the age of 21. The ballot initiative allowed persons over the age of 21 to grow no more than four marijuana plants and four seedlings for personal use in their residence, as long as the plants are within an enclosed area with a lock and beyond public view.

Consuming marijuana or being under the influence of marijuana remained illegal while driving, flying an aircraft, or boating. Smoking marijuana {{{APP}}} illegal in public places and open spaces.

I-190 also provided that employers can prohibit marijuana use on the employer's property and enforce disciplinary action on employees for violations.[2]

Montana residents are allowed to possess, use, and grow marijuana on January 1, 2021. The initiative's resentencing and expungement provisions also took effect that day.

Marijuana regulation: Regulation of marijuana production and sales

The Montana Department of Revenue became responsible for regulating the cultivation, manufacture, transport, and sale of marijuana in Montana. I-190 required the department to develop regulations to do the following:[2]

  • establish and maintain a registry of persons who receive licenses;
  • issue endorsements for manufacturing to an adult-use provider or an adult-use marijuana-infused products provider;
  • conduct criminal history background checks before issuing licenses;
  • make a licensing application available and begin accepting them by January 1, 2022;
  • publish the names of all license holders and the relevant local jurisdiction on the department's website;
  • ensure that all marijuana products are not sold to any person under the age of 21, excluding those with medical marijuana licenses;
  • require a government-issued ID to purchase marijuana and require stores to check the ID for proof of age;
  • require marijuana must be placed in child-resistant packaging on exit from a marijuana establishment;
  • prohibit licensed retailers from advertising marijuana in any medium;
  • prohibit marijuana establishments from using false or misleading packages or labels;
  • require "labeling standards that protect public health by requiring the listing of pharmacologically active ingredients;" and
  • enforce potency and quality standards for marijuana products.

Marijuana licenses and establishments: Licenses for marijuana establishments

Under I-190, the Montana Department of Revenue was authorized to issue licenses to marijuana dispensaries and marijuana providers. The licenses for marijuana providers and dispensaries was set to authorize the licensee to cultivate, manufacture, possess, sell, and transport marijuana.[2]

Marijuana providers needed to prove they are a Montana resident, provide identification forms, be fingerprinted for a background check, provide the address of the cultivation site, and pay a fee to apply for a license. The department was set to issue licenses according to a 10-tiered system based on the size of the premises. The department would be authorized to add tiers. Providers needed to verify that they are producing and selling the minimum amount according to the size of their premises before moving up a tier. All licenses needed to be laminated and indicate whether a provider is also a manufacturer.[2]

The department began accepting licensing applications by January 1, 2022. Applications would need to be approved within 90 days for new licenses and within 30 for renewed licenses. If the department does not act within that timeline, it must reduce the licensing fee and allow the renewing licensee to continue to operate until the application is acted on. Before approving an application, the department would need to complete an inspection of the applicant's premises. For the first 12 months of accepting applications, the department was set to authorize to license providers and dispensaries in good standing with the department of public health and human services that already are licensed to sell medical marijuana. Licenses would need to renew their licenses annually.[2]

The state laboratory became responsible for licensing testing facilities where the chemicals of marijuana and marijuana-infused products would be tested for contamination before the products could be sold. Licensed test facilities would be permitted to possess, test, and transport marijuana.[2]

Marijuana taxation: Taxes levied on marijuana

Marijuana and marijuana-infused product sales would be taxed at 20% of the retail price. The tax would be separate from any additional state and local sales taxes that may apply to the sale. Marijuana tax revenue was set to be allocated into the newly created marijuana compensation state special revenue account that would deposit revenue to the following funds according to the following percentages:[2]

  • 49.5% to accounts for wildlife, parks, and recreation
    • 37.125% to the department of fish, wildlife, and parks
    • 4.125% to the nongame wildlife account
    • 4.125% to the state park account
    • 4.125% to the trails and recreational facilities account
  • 10.5% to the state general fund
  • 10% to an account for drug addiction treatment
  • 10% to an account for local authorities regulating marijuana
  • 10% to an account for services and assistance for all Montana veterans
  • 10% to an account to fund "a wage increase to health care workers who provide direct Medicaid funded home and community health services for elderly and disabled persons"

State officials estimated the tax would generate $48 million annually by 2025. The University of Montana Bureau of Business and Economic Research (BBER) estimated the tax would generate between $43.4 and $52.0 million annually in revenue from 2022 to 2026.[10]

Legal penalties: Penalties for violating the initiative's provisions

The following are the legal penalties for violating the initiative's provisions:[2]

Violation Charge
Cultivation of marijuana for personal use within a public view or outside a locked enclosed area • Violation: Civil fine not exceeding $250 and forfeiture of the marijuana
Smoking marijuana in a public place • Violation: Civil fine not exceeding $50
For persons under the age of 21, possession, use, transportation, or sharing of 1 ounce or less of marijuana • Violation option 1: Civil fine not to exceed $100
• Violation option 2: Up to 4 hours of drug education or counseling
For persons over the age of 21, possession and delivery of more than one ounce but less than two ounces of marijuana in a concentrated form • First violation: Civil fine not exceeding $200 or completing up to 4 hours of community service
• Second or subsequent violation: Civil fine not exceeding $300 or completing up to 6 hours of community service
• Third or subsequent violations: Civil fine not exceeding $500 or completing up to 8 hours of community service
For persons under the age of 21, possession and delivery of more than one ounce but less than two ounces of marijuana in a concentrated form • Violation: Civil fine not to exceed $200 or attending up to 8 hours of drug education or counseling
For licensed marijuana providers who violate the advertisement rules • First violation: Written warning
• Second violation: 5-day license suspension or a $500 fine
• Third violation: 5-day license suspension or a $1,000 fine
• Fourth violation: 30-day license suspension or a $2,500 fine
• Fifth violation: License revocation

Local authority: Local and municipal marijuana regulation authority

I-190 authorized local authorities to regulate by ordinances or resolutions an adult-use provider or adult-use marijuana-infused products provider that operates within its jurisdiction.

Local governments became authorized to enact the following regulations:[2]

  • Inspections of registered premises and testing laboratories,
  • Regulations on the place and manner of marijuana establishments,
  • Prohibition on adult-use dispensaries through a local referendum, and
  • Temporarily prohibit retail sales until a local referendum is decided.

Local governments coul not enact the following regulations:[2]

  • Prohibition on the transportation of marijuana within or through its jurisdiction on public roads,
  • Regulations considered "unduly burdensome,"
  • Complete prohibition on adult-use providers or adult-use marijuana-infused products providers from being located within the jurisdiction.

Resentencing and expungement: Resentencing and expungement of certain marijuana-related crimes

Under Initiative 190, persons serving marijuana-related sentences that are no longer crimes under the initiative or have a lesser punishment could request to be resentenced or have the conviction expunged depending on the circumstances. Resentencing may result in less time served, and time already served counted towards the shorter sentence. Expungement means the marijuana-related conviction would be removed from the individual's record.[2]


Text of measure

Ballot language

The ballot language for this measure was as follows:[11]

INITIATIVE NO. 190
A LAW PROPOSED BY INITIATIVE PETITION

I-190 legalizes the possession and use of limited amounts of marijuana for adults over the age of 21. I-190 requires the Department of Revenue to license and regulate the cultivation, transportation, and sale of marijuana and marijuana-infused products and to inspect premises where marijuana is cultivated and sold. It requires licensed laboratories to test marijuana and marijuana-infused products for potency and contaminants. I-190 establishes a 20% tax on nonmedical marijuana. 10.5% of the tax revenue goes to the state general fund, with the rest dedicated to accounts for conservation programs, substance abuse treatment, veterans’ services, healthcare costs, and localities where marijuana is sold. I-190 allows a person currently serving a sentence for an act permitted by I-190 to apply for resentencing or an expungement of the conviction. I-190 prohibits advertising of marijuana and related products.

Marijuana taxes and fees will generate about $48 million annually by 2025. Marijuana fees will fund program administration and enforcement. Marijuana taxes will contribute to the general fund and special revenue accounts for conservation, veterans’ services, substance abuse treatment, healthcare, and local governments. The general fund will net $4 million.

[]YES on Initiative I-190

[] NO on Initiative I-190[12]


Full text

The full text of the measure can be read below. [2]

Readability score

See also: Ballot measure readability scores, 2020
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents, wth review by state officials, wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 14, and the FRE is 20. The word count for the ballot title is 197, and the estimated reading time is 52 seconds.


Support

New Approach Montana logo

New Approach Montana led the campaign in support of Initiative 190. The group was originally called Coalition 406 but was renamed to New Approach Montana after partnering with the Marijuana Policy Project, a national nonprofit that lobbies for and supports efforts to decriminalize and legalize marijuana.[13]

Supporters

Officials

Former Officials

Organizations

Arguments

  • Pepper Petersen, a spokesperson for New Approach Montana: "Our research has always shown that a majority of Montanans support legalization, and now voters will have the opportunity to enact that policy, which will create jobs and generate new revenue for our state. It also means that law enforcement will stop wasting time and resources arresting adults for personal marijuana possession, and instead focus on real crime."
  • Dave Lewis (R), former Montana state senator: "COVID has done a number to the state’s projected tax revenue for 2020 and 2021, it’s been devastating. Adding nearly $50 million dollars a year to the state budget with legal adult use marijuana isn’t just a bonus. This projected revenue has already become vital to the future budget of this state, and veterans services like all other services need tax revenues to continue."
  • Ken Toole, former Montana state senator (D) and founder of the Montana Human Rights Network: "From 2008 until now there have been more marijuana arrests in Montana than for any other illegal drug. In fact, there have been more marijuana arrests than arrests for all opiates and methamphetamine combined. ... It is time to take a realistic approach to the fact that people use marijuana, and by comparison it is much more benign that other drugs, including alcohol. Doing so will not only save money in the criminal justice system, it will also generate tax revenue to support needed public services."
  • Public Lands Coalition: "Following in the footsteps of eleven other states, Montana voters have the opportunity to legalize recreational marijuana for people over the age of 21 by passing both CI-118 and I-190. The Montana effort to legalize marijuana differs from other states, though. Roughly 50 percent of the revenue generated from recreational marijuana sales would support state public lands by funding efforts like Habitat Montana. These funds are critical in order to maintain abundant wildlife populations and ensure our outdoor economy continues to thrive."

Official arguments

Sherine D. Blackford, Ted Dick, and Dave Lewis submitted the following arguments to the Montana Voter Information Pamphlet in support of the measure:[14]

I-190 creates a safe, legal, and comprehensive system for the adult use of marijuana in Montana. It will legalize, control, regulate, and tax marijuana, ending the criminalization of responsible adult use. The goal of I-190 is to eliminate the illicit market, reduce crime, create jobs, and raise tax revenue. According to the independent analysis conducted by the Governor’s Office of Budget and Programming, I-190 will generate nearly $48 million annually in brand new revenue for Montana by 2025.

I-190 is designed specifically for the State of Montana to work for Montanans.

I-190 PROTECTS CHILDREN: I-190 includes strong protections for children. It restricts use of marijuana by those under age 21. Marijuana will only be sold in regulated, licensed businesses that check I.D. before every single sale.

I-190 PROTECTS HEALTH: I-190 establishes a comprehensive regulatory system that requires independent lab testing and clear labelling of products. When marijuana is sold on the illicit market it can be contaminated with chemicals or laced with other drugs. I-190 will ensure that consumers know what they are buying and consuming and that products are safe.

I-190 CREATES JOBS: I-190 will create new industry and new jobs for Montanans who need work. Medical marijuana alone created an estimated 1,800 new jobs. I-190 could double or triple this number.

I-190 CREATES NEW REVENUE: I-190 will generate nearly $48 million annually in new tax revenue and licensing fees by 2025, creating a new revenue stream for conservation, veterans’ services, substance abuse treatment, healthcare, and local governments.

I-190 SAVES LIMITED LAW ENFORCEMENT RESOURCES: An enormous amount of law enforcement resources is currently wasted on enforcing low-level marijuana laws against law abiding Montanans. I-190 will stop this. By reducing prosecutions and arrests for marijuana-related offenses, local and state governments will save money and be able to direct resources to more important tasks.

I-190 PROTECTS PATIENTS: I-190 protects medical marijuana patients and their access to medicine. The new tax established by I-190 only applies to non-medical marijuana sales.

I-190 HELPS VETERANS: Many veterans need marijuana as an alternative to opioids to treat PTSD and pain but are unable to access it through Montana’s medical marijuana system because of federal restrictions placed on VA doctors. I-190 will increase access to marijuana for patients who are veterans. And I-190 raises millions of dollars in revenue annually for veterans’ services.

I-190 REBUILDS LIVES: Montana’s current marijuana laws can ruin a person’s life. One youthful mistake for minor conduct can result in a criminal record preventing someone from going to school or getting a job. I-190 will stop saddling Montanans with unfair criminal records and restore lives by allowing those with prior non-violent marijuana convictions to request resentencing or expungement from the court.

Montana’s current approach to marijuana just doesn’t make sense. It’s time to put an end to our broken system and implement proven reforms so marijuana will be safe, legal, controlled, and taxed.[12]

Opposition

No on I-190 and CI-118 campaign logo

Wrong for Montana led the campaign in opposition to Montana I-190 and CI-118.[15]

Opponents

Officials

Organizations

  • Montana Contractors Association
  • Montana State Chamber of Commerce


Arguments

  • Steve Zabawa, treasurer of the Wrong for Montana campaign: "All you have to do is go to Colorado for a test site. They’ve been up and running now for eight years, and if you look at the traffic accidents, you look at the emergency room, you look at the vagrants, you look at the activity in the black market as well as the regular market down there, it has just exploded."
  • Richard Miltenberger, chairman of the Montana State Chamber of Commerce: "Montana's most challenging problem for business growth is the ability to attract and retain great workers. This is a workforce development issue in our minds. If you look at what's happened in Colorado and other states, it is more difficult to recruit workers who can come in and get the job done, show up on time, and get a CDL license if they need that and then be productive members of the workforce when you have recreational marijuana at play."
  • Catholic Bishop Austin A. Vetter of Helena and Bishop Michael W. Warfel of Great Falls-Billings: "While proponents of legalization see enhanced revenues for the state through a new taxable marijuana industry, we are more concerned with consequences ranging from increased teenage use, harmful effects on developing brains, addiction, increased impairment-related transportation accidents and deaths, and other potential public health and safety issues."

Official arguments

Tammy Lacey, Eric Gilbertson, Senator David Howard (R), Ben Forsyth, and Steve Zabawa submitted the following arguments to the Montana Voter Information Pamphlet in opposition to the measure:[14]

Marijuana is a dangerous drug. Marijuana and heroin are 'Schedule1' drugs, while cocaine and crystal meth are 'Schedule 2' drugs. 'Schedule1' drugs are defined as drugs with no accepted medical use and a high potential for abuse (https://www.dea.gov/drug-scheduling). Legalization of marijuana in Montana is illegal under federal law, Title 21, Section 811 of the United States Code (U.S.C.). If this dangerous 'Schedule1' drug is legalized it will have numerous damaging effects on Montana’s citizens, economy, public safety, and overall welfare Montana believes strongly in preserving the freedoms granted its citizens; but legalization of marijuana will cause significantly more harm than any freedom granted through marijuana legalization.

Harm to Montana’s Citizens

Effects of recreational legalization in other states are a logical predictor of effects Montana may experience. After legalization in Colorado, emergency room visits as a result of marijuana use increased nearly 30% and hospitalizations due to marijuana use increased 200%. In addition to respiratory, psychiatric, and overdose cases, hospitals also saw an increase in pediatric patients with issues related to marijuana. Poison-control marijuana cases for children nine and under increased more than 500% in Colorado after legalization.

In addition to the accidental deaths and overdoses of children, marijuana is detrimental to the health of adult users. Research shows marijuana use may increase the risk of developing mental health issues such as schizophrenia, depression, and other psychiatric disorders. Detrimental health effects are not limited to the end user as second-hand marijuana smoke also has ill effects.

Harm to Montana’s Economy

Proponents will argue that marijuana legalization will increase the state’s tax base. Societal costs of marijuana legalization will far outweigh any increase in tax revenue. Proponents don’t recognize the increased costs for hospital visits, addiction treatment, treatment for victims of drugged driving, and increased criminal activity. The economic vitality of Montana would also be negatively impacted due to workforce accidents, injuries, absenteeism and disciplinary problems related to employees using marijuana.

Harm to Montana’s Public Safety

Legalizing marijuana doesn’t eliminate marijuana that’s sold illegally. In Oregon, only 18-30% of marijuana is sold legally; the rest is distributed through black-market drug dealers. Colorado’s marijuana-related crime offenses increased since legalization. Additionally, marijuana-related traffic deaths increased more than 60% after Colorado’s legalization.

Harm to Montana’s Welfare

Montana believes strongly in protecting its vulnerable citizens, most significantly its children. Legalization of marijuana is big business and marijuana products marketed for consumption are subliminally, if not overtly, targeted to appeal to children. Products such as marijuana infused soda, gummy bears, and candy-bars appeal to children who associate those products as treats.

Montana has long been identified as the 'Last Best Place,' and people considering visiting Montana do so primarily to experience its scenic vistas, outdoor opportunities, and its amazing 'Big Sky.' Legalization will tarnish that image, just as it has in other states such as Colorado which was once known for its scenic beauty, instead of as a destination for marijuana.

Please continue to preserve Montana’s identity, citizens, economy, and public safety by VOTING NO ON BALLOT INITIATIVE I-190.[12]

Campaign finance

See also: Campaign finance requirements for Montana ballot measures
The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through June 30, 2021.


Ballotpedia has identified one committee—New Approach Montana—registered in support of I-190 and CI-118. It had received nearly $7.5 million in cash and in-kind contributions. Ballotpedia identified one committee—Wrong for Montana—in opposition to CI-118 and I-190. It reported receiving $323,170.00 in cash and in-kind contributions.[9]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $6,976,676.22 $499,824.85 $7,476,501.07 $6,867,836.93 $7,367,661.78
Oppose $323,170.00 $0.00 $323,170.00 $314,234.58 $314,234.58

Support

The following chart contains contributions and expenditures made to the committee supporting I-190.

Committees in support of I-190
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
New Approach Montana $6,976,676.22 $499,824.85 $7,476,501.07 $6,867,836.93 $7,367,661.78
Total $6,976,676.22 $499,824.85 $7,476,501.07 $6,867,836.93 $7,367,661.78

Top donors

The following chart lists the top donors in support of I-190:[9]

Donor Cash Contributions In-Kind Contributions Total Contributions
North Fund $4,824,675.00 $130,000.00 $4,954,675.00
New Approach PAC $1,904,325.26 $49,017.04 $1,953,342.30
Marijuana Policy Project $33,000.00 $68,970.20 $101,970.20
Fund for a Better Future $100,000.00 $0.00 $100,000.00
Service Employees International Union $100,000.00 $0.00 $100,000.00
Sixteen Thirty Fund $0.00 $22,176.00 $22,176.00

Opposition

The following chart contains contributions and expenditures made to the committee opposing I-190.

Committees in support of I-190
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Wrong for Montana $323,170.00 $0.00 $323,170.00 $314,234.58 $314,234.58
Total $323,170.00 $0.00 $323,170.00 $314,234.58 $314,234.58

Top donors

The following chart lists the top donors to Wrong for Montana:[9]

Donor Cash Contributions In-Kind Contributions Total Contributions
Glacier Bancorp $120,000.00 $0.00 $120,000.00
SAM ACTION $86,250.00 $0.00 $86,250.00
Montana Family Foundation, MFF $30,000.00 $0.00 $30,000.00
Montana Contractors Association, Inc., MCA $25,000.00 $0.00 $25,000.00
Health Care Service Corporation $10,000.00 $0.00 $10,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

Ballotpedia identified two polls that asked respondents how they would vote on marijuana legalization. Montana State University conducted a poll of 1,787 registered Montana voters from September 14 to October 2, 2020. The poll found that 10% of voters were undecided on the issue. The University of Montana conducted a poll of 498 randomly selected voters from February 12-22, 2020. This poll did not report the percentage of voters that were undecided. The results are below.[16][17]

Montana I-190, Marijuana Legalization Initiative (2020)
Poll Yes- approve No- rejectMargin of errorSample size
Montana State University Poll
9/14/2020-10/2/2020
49%39%+/-3.901,787
University of Montana Big Sky Poll
2/12/2020-2/22/2020
54%37%+/-4.39498
AVERAGES 51.5% 38% +/-4.15 1,142.5
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background


Marijuana-related ballot measures

Cannabis sativa leaf.png
2020 marijuana ballot measures
Marijuana on the ballot
Local marijuana on the ballot
History of marijuana on the ballot
Marijuana laws in the U.S.

Montana marijuana-related ballot measures

Initiative 148, Medical Marijuana Allowance (2004)

Medical marijuana was approved by Montana voters in 2004 with the approval of Initiative 148, a citizen-initiative approved with 61.81% of the vote. In 2011, the Montana State Legislature attempted to repeal the initiative with the passage of House Bill 161, but Governor Brian Schweitzer (D) vetoed the legislation.[18]

Weeks later, the Montana Legislature approved Senate Bill 423 (SB 423), which amended I-148. In a 78-to-17 vote, the legislation was passed in the Montana House of Representatives on April 28, 2011. On the same day, the Montana Senate approved the bill in a 35-to-15 vote. SB 423 became law without the governor's signature on May 13, 2011. The law was designed to ban marijuana advertisements, prohibit marijuana dispensaries from having more than three registered patients, ban providers from charging patients except to recover fees, and review doctors who prescribe marijuana to more than 25 patients per year.[19][20]

In March 2011, one month before the passage of SB 423, there were 29,948 medical marijuana patients and 4,848 providers in the state. By June 2011, the number of patients fell to less than 9,000 and the number of providers decreased to less than 400. In July 2020, there were 240 licensed medical marijuana providers.[21][22]

Initiative Referendum 124, Medical Marijuana Veto Referendum (2012)

Opponents of SB 423 put the bill on the ballot through a veto referendum campaign in 2012. On the ballot as Initiative Referendum 124, 57 percent of voters chose to uphold the legislature's SB 423.

Initiative 182, Medical Marijuana Initiative (2016)

In 2016, Montana voters approved Initiative 182 with 57.87% of the vote. The initiative repealed SB 243's requirements that medical marijuana providers have no more than three patients, allowed physicians to prescribe marijuana for patients diagnosed with chronic pain or post-traumatic stress disorder (PTSD), and repealed law enforcement's power to conduct unannounced inspections of medical marijuana facilities.[6]

Legalization in the U.S.

See also: Marijuana laws and ballot measures in the United States and History of marijuana on the ballot

California Proposition 19, which would have legalized marijuana, appeared on the ballot in 2010. It was defeated, with 53.5 percent of voters casting "no" votes.[23] U.S. Attorney General Eric Holder commented on Proposition 19, saying President Barack Obama's (D) administration would "vigorously enforce the (Controlled Substances Act) against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law."[24]

In 2012, legalized recreational marijuana advocates saw their first statewide victories in Colorado and Washington. Two years later, voters in Oregon, Alaska, and Washington, D.C. approved marijuana legalization. Regarding how the federal government would respond, President Obama stated, "We've got bigger fish to fry. It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal."[25]

In 2015, voters in Ohio defeated Issue 3, which was designed to legalize the sale and use of marijuana and authorize 10 facilities with exclusive commercial rights to grow marijuana.[26]

Arizona, California, Maine, Massachusetts, and Nevada all had marijuana legalization initiatives on their 2016 general election ballots. The initiatives passed in all of the states but Arizona, where voters rejected the measure 51.3 to 48.7 percent.[27]

Michigan became the first state in the Midwest to legalize marijuana after voters approved Proposal 1 in 2018.[28] North Dakota Measure 3, which was also on the ballot in 2018, would have legalized marijuana but was defeated.[29]

As of 2019, two states—Illinois and Vermont—had legalized the recreational use of marijuana through the legislative process and governor's signature.[30][31]

The following map depicts the legal status of recreational marijuana in different states:

State political context of legalization ballot measures

The following table provides information on the political context of the states that had voted on legalization measures as of 2022.

Click "Show" to expand the table.

Comparison of legalization ballot measures

The following table compares a selection of provisions, including possession limits, local control, taxes, and revenue dedications, of ballot initiatives that were designed to legalize marijuana.

Click "Show" to expand the table.

Marijuana on the ballot in 2020

See also: 2020 marijuana legalization and marijuana-related ballot measures

State ballot measures

The following is a list of marijuana-related statewide ballot measures that were on the ballot in 2020:

Ballot Measure:Outcome:
Mississippi Initiative 65 and Alternative 65A: Medical Marijuana AmendmentOverturnedot


Path to the ballot

See also: Laws governing the initiative process in Montana

In Montana, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the votes cast for governor in the most recent gubernatorial election. Moreover, signature collection must be distributed such that petitions include signatures equal to 5 percent of the votes cast for governor in each of one-third (34) of the state's legislative districts in the last gubernatorial election. Petitioners have a maximum of one year to collect signatures and get them verified by county elections officials.

The requirements to get an initiated state statute certified for the 2020 ballot:

  • Signatures: 25,468 valid signatures were required.
  • Deadline: The deadline to submit signatures to county clerks was June 19, 2020. The deadline to submit signatures to the secretary of state was July 17, 2020.

County election officials check each signature to make sure the name corresponds to the name of a registered voter. Then they use a 5 percent random sampling method to check the authenticity of the signatures. Signature petitions are then sent to the secretary of state, which certifies the measure for the ballot if enough valid signatures were submitted.

Stages of this initiative

  • Sherine Blackford filed the initiative on February 4, 2020.[1]
  • On May 1, 2020, the initiative was cleared for signature gathering.[1]
  • On May 7, 2020, the campaign announced that it would be carrying out a traditional signature gathering campaign with added precautions, such as having circulators wear masks and using single-use pens. Pepper Petersen, New Approach’s political director, said, "As our state reopens for business, we must also reopen for democracy. Our signature drive will allow Montana voters to exercise their constitutional right to a ballot initiative in a safe and responsible way."[32]
  • On May 7, 2020, the Montana Secretary of State issued a declaratory order enabling campaigns to circulate petitions online so that supporters may print, sign, and return it to a county elections office without notarization. Prior to the order, supporters had to take the signed petition to a notary for verification.[33]
  • On June 19, 2020, New Approach Montana reported submitting 52,000 unverified signatures to county clerks. Pepper Petersen, a spokesperson for New Approach Montana, said, “Our campaign implemented strict health protocols and worked around the clock so that Montana voters could sign our petitions safely and qualify these popular initiatives for the November ballot. We collected signatures from every corner of the state and all 100 state house districts.”[34]
  • On July 17, 2020, New Approach Montana reported that county clerks had accepted 35,458 signatures from the 52,000 raw signatures submitted on June 19. The county authorities submitted these to the Montana Secretary of State on July 17.[35]
  • On August 13, 2020, the Montana Secretary of State certified the initiative for the ballot.[1]
  • On October 19, 2020, Wrong for Montana, the committee opposing the measure filed a lawsuit with the Montana Supreme Court arguing that the initiative is unconstitutional because it would require the tax revenue generated from marijuana sales to be allocated to specific purposes. Dave Lewis, a policy advisor for New Approach Montana, responded to the lawsuit saying, "What is in the initiative is not an appropriation. It simply says when the money comes in, you put it in these accounts. But it's up to the legislature whether they appropriate it or move the money somewhere else or whatever. It's simply a recommendation by the people who wrote the initiative that the money be split up in a particular way. But it's up to the legislature. Only the legislature can appropriate."[36]
    • On October 21, the state Supreme Court rejected the lawsuit. The court said, "We express no opinion on the merits of Wrong for Montana’s (WFM) constitutional challenge, nor to its right to pursue this challenge in district court. However, WFM’s claim does not present an appropriate basis on which to invoke this Court’s original jurisdiction. Even if it did, WFM has wholly failed to establish that urgency or emergency factors make litigation in the trial courts and the normal appeal process inadequate."[37]

Cost of signature collection:
Sponsors of the measure hired FieldWorks LLC, MontPIRG, and Tenacious Campaigns LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $607,025.61[38] was spent to collect the 25,468 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $23.83.

Lawsuit

  
Lawsuit overview
Issue: Whether the state should permit electronic signature gathering due to social gathering restrictions put in place during the coronavirus pandemic
Court: Montana 1st Judicial District Court
Ruling: Ruled in favor of defendants, not permitting New Approach Montana to use electronic signatures
Plaintiff(s): New Approach MontanaDefendant(s): Montana Secretary of State Corey Stapleton (R)
Plaintiff argument:
The state violated the right to amend the Montana Constitution and enact laws by prohibiting electronic signature gathering.
Defendant argument:
The court cannot grant permission to use electronic signatures because it would be violating the separation of powers.

  Source: Marijuana Moment

  • On April 6, 2020, New Approach Montana filed a lawsuit arguing that the state violated the right to amend the Montana Constitution and enact laws by prohibiting electronic signature gathering. The plaintiffs also argued that under the Montana Uniform Electronic Transactions Act, which permits an electronic signature if state law requires a signature, petitioners are allowed to collect electronic signatures for initiatives through companies like DocuSign. Ted Dick, campaign manager for New Approach Montana, said, "[B]allot initiatives are a constitutional right for the people of Montana and we believe it is imperative that democratic processes are maintained even as we combat the spread of the coronavirus. Therefore we are taking legal action that proposes a pragmatic solution to a problem that we should not ignore."[39]
    • On April 21, Montana Secretary of State Corey Stapleton (R) and Montana Attorney General Tim Fox (R) asked the court to dismiss the lawsuit by New Approach Montana. Stapleton and Fox argued that the lawsuit contains invalid requests for the court to legislate in violation of the separation-of-powers principle and that New Approach Montana put themselves in the position to not qualify their measure for the ballot by delaying signature-gathering efforts. The response also argued that the lawsuit filed by New Approach Montana made no claims about the constitutionality or fairness of the state's laws but only invalid claims about the unpredictable circumstances brought about by the coronavirus pandemic and the hardships caused by executive orders that are authorized by the state constitution.[40]
    • On April 30, Missoula District Judge John Larson ruled against the petitioners arguing that the state's "compelling interest in maintaining the integrity and security of its election process outweighs any burden on [the] Plaintiffs' constitutional rights."[41]

Reports and analyses

Note: The inclusion of a report, white page, or study concerning a ballot measure in this article does not indicate that Ballotpedia agrees with the conclusions of that study or that Ballotpedia necessarily considers the study to have a sound methodology, accurate conclusions, or a neutral basis. To read a full explanation of Ballotpedia's policy on the inclusion of reports and analyses, please click here. If you would like to submit a report or analysis to be considered for inclusion in this section, email editor@ballotpedia.org.

Estimated tax revenue of recreational marijuana sales

The report was published in September 2020 by the University of Montana Bureau of Business and Economic Research (BBER) at the request of New Approach Montana. The report concluded that a 20% tax on recreational marijuana sales would generate between $43.4 and $52.0 million annually in revenue from 2022 to 2026. The report estimated recreational marijuana sales to be between $217.2 and $259.8 million over that five year period. The report used public data on marijuana use, frequency of use, and daily usage of Montana residents and visitors to estimate these totals.[42]

The full text of the report can be found here.

How to cast a vote

Click "Show" to learn more about voter registration, identification requirements, and poll times in Montana.

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. 1.0 1.1 1.2 1.3 Montana Secretary of State, "Proposed 2020 ballot issues," accessed March 18, 2020
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 Montana Secretary of State, "I-190 Text," March 18, 2020
  3. Montana State Legislature, "House Bill 701," accessed April 28, 2021
  4. KULR 8, "Lawsuit aims to stop recreation marijuana initiative in Montana," November 10, 2020
  5. Sidney Herald, "SAFE Montana and Wrong for Montana withdraw anti-marijuana lawsuit," June 14, 2021
  6. 6.0 6.1 Montana Secretary of State, "BALLOT LANGUAGE FOR INITIATIVE NO. 182 (I-182)," accessed April 18, 2016
  7. Montana Secretary of State, "Proposed 2012 Ballot Issues," accessed May 13, 2011
  8. Montana Secretary of State, "Historical Ballot Initiatives and Referenda," accessed August 5, 2014
  9. 9.0 9.1 9.2 9.3 9.4 Montana Campaign Electronic Reporting System, "New Approach Montana," accessed August 13, 2020
  10. Cite error: Invalid <ref> tag; no text was provided for refs named BBER
  11. Montana Secretary of State, "Ballot Language," accessed March 18, 2020
  12. 12.0 12.1 12.2 12.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  13. Missoulian, "Cannabis campaign submits legalization drafts for 2020 ballot," January 14, 2020
  14. 14.0 14.1 Montana Secretary of State, "2020 Voter Information Pamphlet," accessed October 7, 2020
  15. Wrong for Montana, "Home," accessed September 14, 2020
  16. University of Montana, "MONTANA POLL EXAMINES ERA KNOWLEDGE, MARIJUANA LEGALIZATION, DATA REGULATIONS," accessed September 23, 2020
  17. Montana State University, "TREASURE STATE 2020 POLL RESULTS: MARIJUANA ON THE BALLOT," accessed October 15, 2020
  18. Montana Legislature, "Bill Actions - House Bill 148," accessed October 3, 2016
  19. Mic, "Marijuana legalization Montana 2016: Here's what to know about state's I-182 initiative," September 15, 2016
  20. Montana Legislature, "Bill Actions - Senate Bill 423," accessed October 3, 2016
  21. Washington Post, "Eleven years after being approved, Montana’s medical marijuana industry faces an existential threat," August 17, 2015
  22. Montana Department of Public Health and Human Services, "July 2020 Medical Marijuana Registry," accessed August 20, 2020
  23. LA Weekly, "What Killed Prop. 19?" November 4, 2010
  24. Washington Post, "How Democrats derailed marijuana legalization in California," November 10, 2014
  25. Washington Post, "Obama: I’ve got ‘bigger fish to fry’ than pot smokers," December 14, 2014
  26. CNN, "Ohio voters reject legal marijuana," November 4, 2015
  27. Time, "These States Just Legalized Marijuana," November 8, 2016
  28. Forbes, "Michigan Voters Approve Marijuana Legalization," November 6, 2018
  29. Grand Forks Herald, "ND voters snuff out recreational marijuana measure," November 7, 2018
  30. Burlington Free Press, "Vermont's legal marijuana law: What you should know," January 23, 2018
  31. NPR, "Illinois Governor Signs Law Legalizing Recreational Use Of Marijuana," June 26, 2019
  32. KTVH, "Committee to launch signature drive for Montana marijuana legalization measures," May 7, 2020
  33. Montana Free Press, "Declaratory Ruling," March 7, 2020
  34. Cannabis Dispensary Magazine, "Montana Campaign to Legalize, Regulate and Tax Adult-Use Cannabis Submits Signatures for November Ballot," June 19, 2020
  35. Montana Standard, "Marijuana group 'certain' legalization will be on Montana general election ballot," July 17, 2020
  36. KTVQ, "Wrong For Montana wants Montana Supreme Court to remove I-190 from ballot," October 17, 2020
  37. Marijuana Moment, "Montana Supreme Court Rejects Challenge To Marijuana Legalization Initiative," October 22, 2020
  38. New Approach Montana, sponsor of I-190 and CI-118, spent $1,839,471.54 to collect 25,468 for I-190 and 50,936 for CI-118. Ballotpedia divided the total amount spent in proportion to the number of required signatures to determine the CPRS.
  39. Marijuana Moment, "Montana Marijuana Activists File Lawsuit For Electronic Ballot Signature Gathering During COVID," April 15, 2020
  40. Montana Free Press, "New Approach Montana v. State of Montana: Defendants' Brief in opposition to emergency motion for relief," April 21, 2020
  41. Montana Free Press, "Judge Larson's ruling," accessed May 11, 2020
  42. University of Montana Bureau of Business and Economic Research, "An Assessment of the Market and Tax Revenue Potential of Recreational Cannabis in Montana," accessed September 30, 2020
  43. Montana Secretary of State, "Elections & Voter Services: 2022 Polling Places", accessed April 19, 2023
  44. 44.0 44.1 Montana Secretary of State, “How to Register to Vote,” accessed April 19, 2023
  45. Montana Code Annotated 2021, "Section 13-13-114." accessed April 19, 2023