Two Montana cannabis bills that sparked widespread controversy appear to be finished for this legislative session. One aimed to impose a strict 15% THC cap on all marijuana products, while the other sought to charge adults a $200 annual fee for the legal use of recreational cannabis. Both proposals, pushed by Republican Sen. Greg Hertz, faced significant pushback and now seem unlikely to advance.
Senate Rejects Proposed 15% THC Cap
Senate Bill 433, which would have placed a 15% THC limit on all non-medical marijuana products, was effectively stopped after lawmakers voted it down in two separate instances.
The bill first hit a roadblock in committee on Saturday, where it was tabled in an overwhelming 11–1 vote. Later that day, a last-ditch attempt to revive it and send it to another committee failed on the Senate floor, with a 23–27 vote against the move.
Had it passed, the legislation would have:
- Set a 15% THC cap on all non-medical marijuana products
- Clarified that “total THC” includes delta-9 THC, THC-A, THCP, and other THC compounds
- Significantly reduced potency compared to Montana’s current system, where marijuana flower is capped at 35% THC while other products have no limits
The proposal faced heavy opposition from both the cannabis industry and users, who argued it would drastically alter the legal market and push consumers toward illicit sources. In most adult-use states, flower THC levels typically range between 10% and 30%, making Montana’s existing 35% cap already more restrictive than some.
$200 Annual Cannabis License Bill Quietly Fizzles Out
Another bill from Sen. Hertz, SB 255, which would have required Montanans to pay a $200 annual license fee to legally use recreational marijuana, also appears to be dead.
The bill had been scheduled for a committee hearing last week, but that hearing was mysteriously canceled. When asked about the cancellation by Marijuana Moment, Hertz’s only response was: “SB 255 hearing was canceled.” He has since declined to comment further or respond to follow-up questions.
Had SB 255 moved forward, it would have dramatically altered Montana’s legal cannabis system by:
- Forcing adults to pay a $200 yearly fee to legally use marijuana
- Requiring users to apply for an official state-issued marijuana ID card
- Mandating that the ID be carried at all times and shown upon request to law enforcement or judges
The proposed system would have given users a 60-day grace period after applying for the card, during which they could purchase cannabis from licensed dispensaries. If they failed to pay the fee by the end of that period, the state’s Cannabis Control Division would have canceled their temporary card.
Why These Bills Faced Strong Opposition
Both bills sparked immediate backlash from cannabis advocates, industry leaders, and everyday consumers. Critics viewed them as excessive government overreach, particularly given that Montana voters already approved recreational marijuana legalization in 2020.
SB 433’s THC cap was widely seen as an unnecessary restriction that would hurt both businesses and consumers. Dispensary owners argued that it would force major product reformulations, while users feared they would be left with limited and weaker options.
Meanwhile, SB 255’s proposed licensing system was compared to a poll tax on cannabis consumers. Many pointed out that no other legal intoxicant—such as alcohol or tobacco—requires a similar annual fee for adult consumers. Additionally, law enforcement concerns arose about requiring Montanans to carry and present ID cards specifically for cannabis use, raising civil liberties questions.
What’s Next for Montana’s Cannabis Laws?
While these two bills seem to be dead for this session, the debate over marijuana regulations in Montana is far from over. With legalization still relatively new in the state, lawmakers are expected to continue proposing changes and restrictions in future legislative sessions.
For now, Montana’s cannabis industry remains unchanged, with the 35% THC cap on flower still in place and no new licensing requirements for users. However, as other states continue to refine their marijuana laws, Montana’s regulatory landscape may continue to shift in the coming years.
