Lewis and Clark County, Montana, Medical Marijuana Excise Tax Measure (June 2022)
| Lewis and Clark County Medical Marijuana Excise Tax Measure | |
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| Topic Local marijuana and Local marijuana tax |
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| Type Referral |
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Lewis and Clark County Medical Marijuana Excise Tax Measure was on the ballot as a referral in Lewis and Clark County on June 7, 2022. It was approved.
A "yes" vote supported imposing a 3% local-option excise tax on medical marijuana and related products. |
A "no" vote opposed imposing a 3% local-option excise tax on medical marijuana and related products. |
A simple majority was required for the approval of the property tax measure. The tax took effect on October 1, 2022.
Election results
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Lewis and Clark County Medical Marijuana Excise Tax Measure |
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| Result | Votes | Percentage | ||
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9,750 | 52.79% | ||
| No | 8,720 | 47.21% | ||
Text of measure
Ballot title
The ballot title for Medical Marijuana Excise Tax Measure was as follows:
| “ | Shall Lewis and Clark County impose a 3% local-option marijuana excise tax on the retail value of all medical marijuana and all medical marijuana products sold within Lewis and Clark County?
In accordance with Montana law the revenue of local-option marijuana excise tax may be used for any activity, undertaking, or administrative service that the County is authorized by law to perform, including costs resulting from the imposition of the tax or due to administrative burdens imposed on the County as a result of licensing or regulatory requirements.
[ ] FOR a 3% (three percent) Marijuana LocalOption Excise Tax for all medical marijuana and medical marijuana products.
[ ] AGAINST a 3% (three percent) Marijuana Local-Option Excise Tax for all medical marijuana and medical marijuana products. | ” |
Full Text
The full text of this measure is available here.
Background
Montana I-190, Marijuana Legalization Initiative (2020)
At the 2020 election, Montana voters approved I-190 by a vote of 56.90% to 43.10%. The initiative legalized the possession and use of marijuana for adults over the age of 21, imposed a 20% tax on marijuana sales, required the Department of Revenue to develop rules to regulate marijuana businesses, and allowed for the resentencing or expungement of marijuana-related crimes.
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.[1]
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.
HB 701 also authorized counties to impose a local-option excise tax of up to 3% on medical and recreational marijuana sales. The revenue from the tax would be distributed as follows:[2]
- 50% to the authorizing county;
- 45% to municipalities according to share of county population; and
- 5% to the Montana Department of Revenue for administration costs.
Path to the ballot
The Lewis and Clark County Commission voted to refer the measure to the ballot on February 8, 2022.[2]
How to cast a vote
- See also: Voting in Montana
Click "Show" to learn more about voter registration, identification requirements, and poll times in Montana.
| How to cast a vote in Montana | |||||
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Poll timesIn Montana, polling place must be open from 7:00 a.m. to 8:00 p.m., although in areas with fewer than 400 registered voters, polling places may open as late as 12:00 p.m.[3] Registration
To register to vote in Montana, each applicant must be a citizen of the United States, a non-temporary resident of Montana for at least 30 days prior to the election, and at least 18 years old by the day of the election.[4] People serving a felony sentence in a penal institution and those who have been declared by a court to be of unsound mind are not eligible to vote.[5] An individual can register to vote in person by completing a registration application at their county election office. They can register by mailing the application to their county election administrator or submitting it when applying for or renewing a driver’s license or state ID. Applicants may also register to vote at their county election offices, certain designated locations, or at their designated polling location on Election Day.[5][6] Automatic registration
Montana does not practice automatic voter registration. Online registration
Montana does not permit online voter registration. Same-day registration
Montana allows same-day voter registration. An eligible voter may register before noon on Election Day.[7] Residency requirementsIn order to register to vote in Montana, applicants must have lived in the state for at least 30 days prior to the election. Montana law says an individual does not gain residency if they relocate for, "temporary work, training, or an educational program, without the intention of making that county or the state the individual's permanent home at the conclusion of the temporary work, training, or educational program."[8] Verification of citizenshipMontana does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[9] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe site My Voter Page, run by the Montana secretary of state’s office, allows residents to check their voter registration status online. Voter ID requirementsMontana requires voters to present identification while voting. Montana's voter identification requirements are outlined in Section 13-13-114 of Montana Code. The law states, "Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name that is current, valid, and readable:"[10]
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See also
External links
Footnotes
- ↑ Montana State Legislature, "House Bill 701," accessed April 28, 2021
- ↑ 2.0 2.1 Lewis and Clark County, "Resolution 2022-5," accessed May 11, 2022
- ↑ Montana Code Annotated 2023, "§ 13-1-106. Time of opening and closing of polls for all elections -- exceptions," accessed June 10, 2025
- ↑ Montana law says an individual does not gain residency if they relocate for "temporary work, training, or an educational program, without the intention of making that county or the state the individual's permanent home at the conclusion of the temporary work, training, or educational program." See HB 413 from 2025 for more information.
- ↑ 5.0 5.1 Montana Secretary of State, “Montana Voter Registration Application,” accessed June 10, 2025
- ↑ Montana Motor Vehicle Division, “Additional Considerations when Getting Your License or ID,” accessed June 10, 2025
- ↑ Montana Legislative Services, "SB 490: Revise election laws regarding late registration," accessed June 9, 2025
- ↑ Montana Legislative Services, "HB 413: Revise election laws regarding residency," accessed June 9, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Montana Code Annotated 2023, "§ 13-13-114. Voter Identification And Marking Precinct Register Book Before Elector Votes -- Provisional Voting," accessed June 9, 2025
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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