Those who support medical marijuana warn that a Montana law passed to curb driving under the influence of marijuana by those younger than 21 will put young patients in danger and criminalize teens even if they have consumed cannabis days ago but are otherwise sober.
The state House of Representatives voted on Friday to pass the measure—SB 508, from Sen. Willis Curdy (D)—which the Senate approved in early March. The bill will now be sent to Gov. Greg Gianforte. Greg Gianforte (R).
Reformers are urging their supporters to ask the Governor for a veto, pointing out that this proposal would include mandatory prison time and that even young drivers who were not impaired could face charges and be charged with causing an accident.
In an email, the Marijuana Policy Project said that this bill would “create an extreme standard for drivers who are under 21 years old and make it a DUI crime to possess marijuana.” You can also find out more about the following: They can detect THC or some metabolites.”
This would penalize people with a positive test after consuming CBD oil, or people who had been exposed to cannabis through second-hand smoke. Since THC remains in blood and urine even days after it has worn off its effect, this would be a criminalization and imprisonment of young Montanans that are unimpaired.
Karen O’Keefe of the MPP’s State Policy Director said that after misleading statements were made by lawmakers about the legality and circumstances for testing minors under the age of 21, as well as the conditions in which marijuana would be used, the House approved the bill.
In floor debate, Rep. Steven Kelly (R) said that marijuana use is already illegal for people under 21 and that minors would need to exhibit signs of impairment—such as bloodshot eyes or inhibited speech—in order to be tested.
MPP points out, however, that Illinois’ medical marijuana program is open to patients 21 and younger with doctor recommendations. In some instances, minors are allowed to use CBD hemp-based products which, in certain cases, can result in positive THC screenings, even when testing for trace levels.
It was also stated that there appears to be no requirement in the legislation for drivers to show signs of drug use. Therefore, they could still be subjected a test even though it is not clear if the driver has been under the influence.
MPP’s email stated that there was no need for the unjust law. Montana criminalizes drunk driving, and has a blood THC level of only 5 nanograms each milliliter.
MPP has also issued an action call asking that supporters urge Gianforte not to sign SB 508.
In Montana, both chambers of the legislature have introduced bills this year that will change how tax revenues from marijuana are allocated. Although the proposal is different from earlier versions, it would still preserve funding to a number of Montana Fish, Wildlife and Parks Programs.
Earlier this year, a coalition of conservation groups raised concerns about the governor’s office and state lawmakers reallocating the “historic investment” in the outdoors that cannabis revenue represents in Montana.
Two other controversial cannabis-related bills appear to have fizzled out for the session—one that would have set a 15 percent THC limit on all marijuana products and another that would have required adults to obtain a $200 license each year to legally use recreational cannabis.
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If approved, that bill—SB 433, from Sen. Greg Hertz (R)—would have set a 15 percent limit on total THC in all non-medical marijuana products. The bill would clarify that the term “total THC”, which includes several forms of THC such as delta-9 THC and THC-A, also encompasses THCP.
Montana’s state law caps the THC in marijuana flower at 35 percent. Other products, however, are exempt from this limit. Most adult-use flower in state markets contains 10-30% THC.
SB 255 was also a Hertz measure that had been scheduled for hearings in a Hertz committee last week, but it appears the proposal has now been dropped. Hertz responded to a question from MEDCAN24 in the past by simply saying: “SB 255 was canceled.” Since then, Hertz hasn’t responded to any of the many follow-up emails.
This proposal required that adults obtain an annual license of $200 to use marijuana recreationally. Montana voters approved legalizing adult use in 2020. The state Cannabis Control Division would issue ID cards and enroll adults in the program by charging them a fee every year.
Adults could purchase marijuana at licensed stores for 60 days after applying for the card. If they do not pay by the deadline, then the division will “cancel the temporary marijuana ID card”.
The text of SB 255 said that a “marijuana cardholder shall keep the individual’s marijuana identification card in the individual’s immediate possession at all times. A valid photo identification and marijuana identification cards must be presented upon demand to a city or municipal court judge or justice of the Peace.
O’Keefe, MPP’s spokesperson at the time told MEDCAN24 that “voter outrage killed these bills. They struck right at the core of the initiative 57 per cent of Montana voters approved 5 years ago.”
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Side Pocket Images. Image courtesy Chris Wallis.
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