THC POLICIES FOR A SAFER MONTANA

About the SafeMontana Legislative Package

SafeMontana is working closely with Montana Senators and Representatives to introduce a package of common-sense solutions that update HB701 to ensure a safer system for the distribution, testing and monitoring of THC in the state. These common-sense measures will help address the harms caused by an unregulated THC industry in Montana and prevent them from using the Big Tobacco addiction business model.

LC 1212

Limit THC Purchases to Montana ID Holders (21+)

THC users must be 21+ with a state-issued ID. Fees fund prevention and treatment. Fines for illegal out-of-state sales.

Sponsors: Senators Greg Hertz, Barry Usher and Vince Ricci.

LC 2879

Limit THC Potency

Reducing high-potency products will help minimize addiction and health risks. Anything over 10% is dangerous.

Sponsors: Representatives Jodee Etchart and Sherry Essman.

LC 2794

Annual Impact Report

Monitor and report publicly on the health and safety impacts of marijuana legalization.

Sponsors: Senators Tom McGillivray, Dennis Lenz, and Mike Yakawich

LC 2794

Control Revenue Allocation

100% of the 20% THC tax will be directed toward prevention, treatment, law enforcement and the general fund.

Sponsors: Senators Tom McGillivray, Dennis Lenz, and Mike Yakawich

LC 3558

Restrict Advertising

Establishing THC advertising regulations that align closely with tobacco advertising rules to ensure the protection of youth and minimize exposure.

Sponsors: Representative Kerri Seekins-Crowe and Amy Regier.

LC 2894

Regulate Packaging

Clear, safe THC labeling protects consumers. Require single servings per container and medical-style disclaimers to prevent overdoses.

Sponsors: Representative Melody Cunningham

LC 3457, LC 3464

Provide Opt-Out Ballots

Placing opt-out questions on county or municipal ballots to give voters control.

Sponsors: Representatives Bill Mercer and Jedadiah Hinkle.

Additional Proposals

LC 1966, LC 2015 – Require Responsible Sales Training for Budtenders – Sponsor: Lukas Schubert
LC 1812 – Repeal/Reform Recreational Adult Use Marijuana – Sponsors: Senator Greg Hertz and Greg Oblander
LC 0682, LC 0207, LC 0208 – Prohibit Legalizing Mushrooms and Synthetic THC Hemp – Sponsor: Senator Mark Noland
SB 27 – Moratorium and Licensing Limits – Sponsor: Senator Bodger
Attorney General’s Office – Classifying THC-Impaired Driving as a DUI

These common-sense measures will help address the harms caused by an unregulated THC industry in Montana and prevent them from using the Big Tobacco addiction business model.

Investing in these simple improvements to Montana’s THC laws will lead to

Fewer emergency room visits

Reduced THC addiction in Montana families

More ambitious and successful students

Safer roads and communities

Key Stats

48

ER VISITS

in the state are up 48% for those aged 15-19 and 49% for those aged 20-24.

19

DUI FATALITIES

are up 19% (among the largest increases in the U.S.).

18

YOUTH THC USE

is up 18% since legalization.

History of THC Legislation in Montana

2004: Medical Marijuana Ballot Initiative passes and creates a green card system with 300-700 card users.
2008-11: U.S. Attorney General Eric Holder’s Federal THC hands-off letter leads to an explosion of marijuana businesses in Montana. Medical marijuana cardholders balloon to over 28,000. Out-of-state doctors offer referrals without regulation and illegal grow centers proliferate.
2011: Speaker of the House Mike Milburn, Senator Jeff Essmann and their team pass SB423 to eliminate advertising, out-of-state doctors, revenue, etc. Feds shut down the recreational industry and arrest bad actors.
2016: Safe Accountable Medical Marijuana Ballot Initiative updates medical marijuana laws. From 2016-2020, medical marijuana quickly grows to 250 operating dispensaries.
2020: $8 million in out-of-state dark money pushes the I-190 ballot initiative, allocating and appropriating tax revenue. HB701 becomes law. Recreational THC industry proliferates in Montana.
2023: No HB701 THC revision bills pass in the 2023 session. The THC industry continues to grow unchecked through 2024.

"In the 2025 legislative session, legislators, the Montana Attorney General, Secretary of State and Governor have an opportunity to rein in an out-of-control industry with sensible reforms to create a safe, above-ground system for the distribution, testing and monitoring of THC that can serve as a model for other states."