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Montana Medical Marijuana Initiative, I-182 (2016)

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Montana I-182
Flag of Montana.png
Election date
November 8, 2016
Topic
Marijuana
Status
Approveda Approved
Type
State statute		Origin
Citizens
2016 measures
Seal of Montana.png
November 8
CI-116 Approveda
I-177 Defeatedd
I-181 Defeatedd
I-182 Approveda
Polls
Voter guides
Campaign finance
Signature costs

The Montana Medical Marijuana Initiative, also known as I-182, was on the November 8, 2016, ballot in Montana as an initiated state statute.[1] It was approved.

A "yes" vote supported repealing the three-patient limit for medical marijuana providers.
A "no" vote opposed this measure repealing the three-patient limit for medical marijuana providers.

Sections of the measure related to the intent and purpose of the act, definitions included in the act's language, the responsibilities and rule-making authority of the department of health, and requirements for the written certification of a patient's need for medical marijuana went into effect upon the approval of I-182. The remaining provisions of the act were written to go into effect on June 30, 2017.[1] However, proponents said the provision repealing the three-patient limit was intended to become effective upon approval, not June 30, 2017. The June 30 enactment deadline was an error, according to sponsors. A judge ruled in favor of proponents on December 7, 2016, and the three patient-limit repeal occurred effective immediately.[2]

This election was one of Ballotpedia's top 10 state-level races in 2016. Click here to read the full list.

Aftermath

Lawsuit

Due to a clerical error in the initiative text, the measure was not going to repeal the three-patient limit for medical marijuana providers until June 30, 2017. Sponsors of the initiative intended the three-patient limit to be repealed upon the measure's approval. Jim Goetz, an attorney for the Montana Cannabis Industry Association, filed litigation in the Broadwater County District Court on November 22, 2016, asking the court to remove the three-patient limit immediately as intended by sponsors.[3]

On December 7, 2016, Judge James P. Reynolds of the Montana 1st Judicial District Court resolved the error, thus terminating the three-patient limit effective immediately.[4] Judge Reynolds stated, "The folks that are maybe the most in need are the least able to provide, to grow their own. I think speed is more important than niceties." He determined that the date of June 30, 2017, was an error.[2]

Legislation

Sen. Fred Thomas (R-44) introduced Senate Bill 131, which fixed the error in Initiative 182 and repealed the three-patient limit. Sen. Thomas said Judge Reynolds' ruling violated the separation of powers found in the Montana Constitution. He said, "The district judge seemed to exceed their authority granted in the (state) Constitution. It had the direct effect of re-writing legislation."[5] The bill passed the House 65 to 34 on February 16, 2017. The bill passed the Senate 29 to 21 on February 22, 2017. The measure became law on March 20, 2017, without the governor's signature.[6]

Election results

I-182
ResultVotesPercentage
Approveda Yes 291,334 57.87%
No212,08942.13%
Election results from Montana Secretary of State

Overview

Looking for more information about marijuana on the ballot in 2016? Explore other Ballotpedia articles on the subject below.
Presidential candidates on marijuana • Marijuana laws in the U.S.
Drug Policy Alliance • Marijuana Policy Project • NORML • SAM Action
Recreational marijuana on the ballot
Arizona Prop. 205 • California Prop. 64 • Maine Question 1 • Massachusetts Question 4 • Nevada Question 2
Medical marijuana on the ballot
Arkansas Issue 6 • Florida Amendment 2 • Montana I-182 • North Dakota Measure 5

Status of medical marijuana in Montana

Voters legalized medical marijuana in Montana in 2004. In 2011, the Montana Legislature amended the initiative via Senate Bill 423, which banning medical marijuana advertisements, limiting dispensaries to having three users, and requiring state review of doctors who prescribe marijuana to more than 25 patients per year.[7] In 2012, advocates of medical marijuana attempted to repeal the bill, but were unsuccessful at the ballot box. After being tied up in the courts for five years, the legislature's bill went into effect on August 31, 2016.[8] The number of medical marijuana patients and providers fell following SB 423's passage and implementation.[9][10]

Initiative design

Initiative 182 was designed to amend Senate Bill 423 and rename the Montana Marijuana Act as the Montana Medical Marijuana Act. The measure repealed SB 423's requirements that medical marijuana providers have no more than three patients and the state review physicians who prescribe marijuana to more than 25 patients per year. The measure allowed physicians to prescribe marijuana for patients diagnosed with chronic pain or post-traumatic stress disorder (PTSD). Initiative 172 also repealed law enforcement's power to conduct unannounced inspections of medical marijuana facilities. It required annual inspections of facilities by the state. Medical marijuana providers were permitted to hire "employees to cultivate, dispense, and transport medical marijuana."[1]

Text of measure

Ballot text

The proposed text of the ballot was as follows:[1]

“ I-182 renames the Montana Marijuana Act to the Montana Medical Marijuana Act and amends the Act. I-182 allows a single treating physician to certify medical marijuana for a patient diagnosed with chronic pain and includes post-traumatic stress disorder (PTSD) as a “debilitating medical condition” for which a physician may certify medical marijuana. Licensing requirements, fees and prohibitions are detailed for medical marijuana dispensaries and testing laboratories. I-182 repeals the limit of three patients for each licensed provider, and allows providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the State.

[ ] YES on Initiative I-182
[ ] NO on Initiative I-182[11]

”

Full text

The full text of the measure can be found here.

Support

MT2016YesOn182.jpg

Montana Citizens for I-182 led the campaign in support of Initiative 182.[12]

Supporters

Officials

Former officials

Organizations

Arguments

Montana Citizens for I-182 argued that Initiative 182 would be a "responsible, accountable law allowing access to medical marijuana to those with debilitating illnesses." The group also contended:[17]

“ A considerable amount of hard science exists on marijuana’s palliative and curative impacts on a number of debilitating diseases, including cancer, Alzheimer’s, chronic pain, epilepsy, Crohn’s disease, rheumatoid arthritis, multiple sclerosis, post-traumatic stress disorder and Parkinson’s disease.

Often times, medical marijuana may be the only viable option for treatment or the medication most effective for the patient. Medical marijuana is also less addictive and considerably safer than the opiate painkillers used to treat patients with cancer or chronic pain.

Montanans suffering from debilitating illnesses need safe, legal access to medical marijuana. A law that allows for a responsible and accountable medical marijuana program will be following the will of voters, giving access to those who legitimately need the drug. Should Montanans pass I-182, the state would be joining twenty-three other states and the District of Columbia, who have all legalized medical marijuana.[11]

”

Jeff Krauss, commissioner and former mayor of Bozeman, argued:[14]

“ Someday you or someone you love may need safe, legal access to medical marijuana. You, or they, may have cancer, epilepsy, IBS, colitis, or Crohn’s disease, Parkinson’s, breast cancer, a recent heart attack, or may be a veteran or emergency worker with PTSD. ... In 2004, 64 percent of Montana voters passed a law creating a medical marijuana program. But access for patients seeking relief will soon disappear because of political nonsense in the 2011 Legislature. With these draconian, nonsensical laws, you and your loved ones aren’t going to get what you need for pain, symptom relief, or a cure.[11] ”

Other arguments in support of the measure included:

  • Larry Jent, Democratic candidate for Attorney General in 2016, said, "I do not agree with the legalization of drugs, but I do agree that the legalization of medical marijuana in certain cases is very beneficial to patients suffering from chronic conditions."[15]

Official arguments

Bob Ream, Jeff Kraus, and Katie Mazurek prepared the following arguments in favor of Initiative 182 for the secretary of state's voter information pamphlet:[18]

“

Montana Voters,

I’m Katie Mazurek. Last February, just days after launching my family law practice, I was diagnosed with stage 3 breast cancer. To stop the cancer, I began chemotherapy treatments that take a tremendous physical and mental toll on me. My doctor recommended I use medical marijuana to deal with the side effects of the chemo. I had never used marijuana before but it is far less scary to me than the opiate pain medication I’m prescribed. It improves my quality of life and enables me to be there for my husband and my kids. I’m in the fight of my life and I need every tool possible to win. Please vote YES on I-182 to ensure patients like me have safe, legal access to their medicine.

Montana Voters,

I’m Bob Ream. In May, at the age of 79, I was diagnosed with stage 4 metastatic pancreatic cancer and began chemotherapy, which I will continue until it no longer is effective at holding the cancer at bay. I have had considerable sleep issues in recent years that only increased with my cancer diagnosis. My oncologist prescribed medical marijuana to help me sleep. It has enabled me to sleep better with less debilitating side effects than my previous medications. It is not possible to fight cancer and endure chemotherapy without sleep. I am grateful this medical option was available to me.

Montana Voters,

I’m Jeff Krauss, former three term Mayor of Bozeman and current commissioner. Katie and Bob’s stories are not unusual; we heard many similar success stories from seriously ill people as Bozeman researched our response to the overwhelming vote in favor of legal medical marijuana in 2004. We learned from our efforts that we can make medical marijuana work for those in need and also establish controls on how and where it’s sold.

We ask Montana voters to join us in supporting I-182. Montana voters overwhelmingly approved medical marijuana at the ballot in 2004 with 64% support, but the Montana Legislature repealed the act and replaced it with SB 423. The new law, which goes into effect this year, is unworkable for patients and providers.

SB 423 limits providers to three patients, eliminating access to medicine for more than 12,000 Montanans who need it and making criminals out of sick and dying people desperate to ease their pain and curb their symptoms. I-182 fixes the mess created by SB 423, provides a responsible medical marijuana law that ensures safe and legal access for patients, and requires accountability for all concerned by:

  • Requiring providers to obtain licenses and receive unannounced yearly inspections;
  • Allowing for product testing to ensure safety, consistency, and accurate dosages;
  • Providing access to veterans and other patients diagnosed with post-traumatic stress disorder (PTSD);
  • Removing the three person patient limit for providers; and
  • Creating licensing fees to pay for the administration of the new law.

Vote YES on I-182 for a responsible, accountable medical marijuana program. [11]

”

Opposition

MT2016SafeMontana.png

Safe Montana led the campaign in opposition to Initiative 182.[19] The campaign was focusing on qualifying Initiative 176, a measure that would have classified drugs unlawful under federal regulations as illegal under state law, for the ballot. When supporters of Initiative 176 failed to secure a place on the ballot, Safe Montana turned to defeating Initiative 182. Steve Zabawa, leader of Safe Montana, stated, "We'll spend all our efforts now making sure people know what I-182 is all about."[20]

Opponents

Arguments

Stephen Zabawa, founder of Safe Montana, argued:[21]

“ A state ballot initiative should NOT be the process to approve medicine. The general public is not qualified to make medical decisions. The practice of medicine is evidence-based, and the legalization of a drug with the potential for abuse by the general population that has no qualification to determine composition, quality and dose is a bad way to practice medicine. It guarantees the failure of a program that may have potential success for patients who need medical marijuana under a doctor’s care and it ensures the accessibility of recreational marijuana to the rest of the population.

Montana should NOT pass I-182 because the marijuana provided to patients who have debilitating diseases should not be getting treatment without a doctor’s care by marijuana that is not reviewed for its safety and efficacy, where there is not standardization and formulation for dosing, and there is no regulated, closed system of distribution for marijuana which is a drug with abuse potential.[11]

”

Official arguments

Sen. Cary Smith (R-27), Rep. Seth Berglee (R-58), Rep. Tom Berry (R-40), and Cherrie Brady prepared the following arguments in opposition to Initiative 182 for the secretary of state's voter information pamphlet:[18]

“

If I-182 passes many of the restrictions put in place by the 2011 Montana Legislature to reduce rampant abuse of the 2004 “Medical Marijuana Act” will be eliminated.

In March of 2009 there were 736 “Medical Marijuana” card holders and 233 marijuana providers in Montana. By May of 2011 those numbers exploded to 31,522 card holders and 4,650 providers. Marijuana shops and grow operations were sprouting up all over the state placing the safety of our communities at risk. It was clear that voters were not getting what they voted for in 2004 when I-148 the “Medical Marijuana Act” was passed.

What voters in Montana supported is established by the Voter Information Pamphlet (VIP) argument in support of the original 2004 Initiative, I-148. The first sentence of that VIP which states “This initiative would allow the production, possession and use of marijuana by patients with debilitating medical conditions.” presented a very limited scope of purpose for the original initiative.

The proponents’ argument in the 2004 VIP also stated I-148 would “allow patients to grow their own personal supply of marijuana so that they will no longer have to buy marijuana from the criminal market.”

The people didn’t vote to create a marijuana industry but that’s what was being put into place.

Significant abuse by physicians of the “Medical Marijuana Act” was a problem. Some physicians recommended cards for chronic pain without using relevant and necessary diagnostic tests to verify chronic pain. In May of 2011 of the 31,522 card holders 23,000 were issued for chronic pain.

Further questionable behavior of some physicians was revealed in July 2011 when it was reported that just one physician was responsible for issuing at least 6,860 cards.

While abuses were greatly reduced by action taken during the 2011 legislative session, many abuses continue due to the MONTANA CANNABIS INDUSTRY ASSOCIATION working through the courts to block portions of the restrictions put in place by the Legislature. If I-182 passes abuses will continue. As of May 2016 of the 13,288 card holders, 8,288 have been issued for severe chronic pain. Four physicians have issued approximately 9,824 or 74% of the total 13,288 cards.

It’s clear I-182 is designed to establish a “marijuana industry” as evidenced by Section 4 which amends Section 50-46-302 of current Montana law to redefine person as “an individual, partnership, association, company, corporation, limited liability company, or organization.” These businesses would then be granted licenses to be in the marijuana business. Marijuana businesses could also have employees but age, background or other qualifications are not defined.

The voters have shown support for the restrictions the Legislature has enacted. In 2012 the marijuana industry tried to remove those restrictions with IR-124 but failed when 57% of the voters approved the action the Legislature had taken. Let’s stop this new attempt to remove those restrictions that have been proven effective.

Vote NO on I-182 to ensure the abuses of “Medical Marijuana” do not return and to keep marijuana from becoming corporate industry.[11]

”

Campaign finance

See also: Campaign finance requirements for Montana ballot measures

Montana Citizens for I-182 registered to support the measure and raised $349,369.07.[22]

SAFE Montana Against I-182 registered to oppose the measure and raised $181,100.00.[22]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $70,368.00 $279,001.07 $349,369.07 $66,546.31 $345,547.38
Oppose $163,384.67 $17,715.33 $181,100.00 $76,246.92 $93,962.25
Total $233,752.67 $296,716.40 $530,469.07 $142,793.23 $439,509.63

Support

The following table includes contribution and expenditure totals for the committee(s) supporting the measure.[23]

Committees in support of I-182
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Montana Citizens for I-182 $70,368.00 $279,001.07 $349,369.07 $66,546.31 $345,547.38
Total $70,368.00 $279,001.07 $349,369.07 $66,546.31 $345,547.38

Donors

The following were the top donors to the support committee(s).[23]

Donor Cash Contributions In-Kind Contributions Total Contributions
Montana Cannabis Industry Association, Inc. $24,000.00 $276,519.97 $300,519.97
Drug Policy Action $10,000.00 $0.00 $10,000.00
Wanda Kuhl $9,000.00 $0.00 $9,000.00
Lionheart International LLC $8,000.00 $0.00 $8,000.00

Opposition

The following table includes contribution and expenditure totals for the committee(s) in opposition to the measure.[24]

Committees in opposition to I-182
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Safe Montana $163,384.67 $17,715.33 $181,100.00 $76,246.92 $93,962.25
Total $163,384.67 $17,715.33 $181,100.00 $76,246.92 $93,962.25

Donors

The top donors to the opposition committee(s) were as follows:[24]

Donor Cash Contributions In-Kind Contributions Total Contributions
Stephen Zabawa $12,570.33 $146,024.67 $158,595.00
Gallus Law Firm $13,850.00 $0.00 $13,850.00
Browning Kaleczyc Berry & Hoven $9,655.00 $0.00 $9,655.00
Taylor Luther Group $6,688.00 $0.00 $6,688.00

Methodology

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

Media editorials

Support

  • Billings Gazette said: "We aren’t encouraging anyone to use marijuana, but compassion prompts us to say that, for some seriously ill people, marijuana may be a better alternative than prescription painkillers. If their doctor advises that marijuana may ease pain, seizures or nausea, we don’t want to deny that option to Montanans suffering with cancer and other debilitating illnesses."[25]
  • Great Falls Tribune said: "We think SB 423 went too far, which is why I-182 or something like it became necessary. ... I-182 removes the difficult-to-justify three-patient limit that has created hardships for some medical marijuana patients across the state. We recommend voters cast a “yes” vote for the medical marijuana initiative, I-182."[26]

Opposition

Ballotpedia has not yet found any editorial board endorsements in opposition to Initiative 182. If you know of one, please email editor@ballotpedia.org.

Polls

See also: 2016 ballot measure polls

Mason-Dixon Polling and Research surveyed 1,003 registered voters on Initiative 182. Support for the measure was 44 percent. A majority of Democrats and plurality of independents backed Initiative 182. Over 70 percent of Republicans opposed the initiative. The question that Mason-Dixon Polling asked respondents was:[27]

“ Ballot Initiative I-182 would allow for wide use of medical marijuana. If you were voting today, would you vote 'Yes' to approve the initiative, or 'No' to reject the initiative?[11] ”

Some individuals criticized the question that Mason-Dixon Polling asked. Paul Harstad of Harstad Strategic Research, which conducted a poll for the support campaign, said the question's wording was "biased and dramatically oversimplified, and there’s no resemblance to the ballot summary that will be available to all voters."[27]

Harstad Strategic Research conducted a poll of 805 likely voters between September 20 and September 25, 2016. The question that Harstad Strategic Research asked was:[28]

“ It amends the Montana Medical Marijuana Act. It allows a treating physician to certify medical marijuana for a patient diagnosed with chronic pain or P.T.S.D. as a “debilitating medical condition.” Licensing requirements, fees and prohibitions are detailed for medical marijuana dispensaries and labs.

It repeals the limit of three patients per licensed provider, and allows hiring employees to cultivate and dispense medical marijuana. It repeals the requirement that physicians who certify 25 or more patients be referred to the board of medical examiners. And it removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities – and requires State annual inspections.

Now, if the election were held today on this ballot initiative, would you vote yes or no?[11]

”
Montana Initiative 182 (2016)
Poll Support OpposeUndecidedSample size
Harstad Strategic Research
9/20/16 - 9/25/16		 59.0%32.0%9.0%805
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.

Mason-Dixon Polling and Research surveyed 1,003 registered voters on Initiative 182. Support for the measure was 44 percent. A majority of Democrats and plurality of independents backed Initiative 182. Over 70 percent of Republicans opposed the initiative. The question that Mason-Dixon Polling asked respondents was:[27]

“ Ballot Initiative I-182 would allow for wide use of medical marijuana. If you were voting today, would you vote 'Yes' to approve the initiative, or 'No' to reject the initiative?[11] ”

Some individuals criticized the question that Mason-Dixon Polling asked. Paul Harstad of Harstad Strategic Research, which conducted a poll for the support campaign, said the question's wording was "biased and dramatically oversimplified, and there’s no resemblance to the ballot summary that will be available to all voters."[27]

Montana Initiative 182 (2016)
Poll Support OpposeUndecidedMargin of errorSample size
Mason-Dixon Polling and Research
10/10/16 - 10/12/16		 44.0%51.0%5.0%+/-3.21,003
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

History of medical marijuana in Montana

Voting on Marijuana
Marijuana Leaf-smaller.gif
Ballot Measures
By state
By year
Not on ballot
See also: Montana Initiative 148 (2004) and Montana Initiative Referendum 124 (2012)

Initiative 148

Voters approved the Medical Marijuana Act, also known as Initiative 148, in 2004. Over 60 percent voted in support of the initiative.

House Bill 161

Lawmakers attempted to repeal Initiative 148 with House Bill 161 (HB 161). HB 161 passed through both the Montana House of Representatives and the Montana State Senate, which only left the Governor of Montana to sign the measure for it to become a law. The measure was vetoed by Gov. Brian Schweitzer (D) on April 13, 2011.[29]

Senate Bill 423

Just weeks later, the Montana Legislature approved Senate Bill 423 (SB 423), which amended Initiative 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.[7] 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.[30]

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.[9] In July 2016, there were 487 medical marijuana providers providers.[31]

Initiative Referendum 124

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.

Lawsuits against SB 423

The Montana Cannabis Industry Association sued the state in an attempt to block SB 423. Judge James P. Reynolds of the 1st Judicial District Court blocked three provisions of the law, including the bans on advertising, dispensaries having more than three patients, and charging patients, in June 2011. Soon after, the Montana Supreme Court ordered Judge Reynolds to review his decision. He confirmed his ruling again in January 2013, and then again in January 2015. Attorney General Tim Fox (R) appealed Reynolds' ruling to the Supreme Court.[9]

On February 25, 2015, the Montana Supreme Court upheld most of SB 423 in a six-to-one decision. The one provision the court struck down was the ban on medical marijuana dispensaries charing users except to recover licensing fees.[32] The court also determined that SB 423 would take effect on August 31, 2016, after much of the law was on hold pending appeal. The Montana Cannabis Industry Association appealed to the United States Supreme Court, which decided not to hear the case in June 2016.[8]

Advocates of medical marijuana went to Judge Reynolds, asking him to delay SB 423's implementation date to after the November 8, 2016, election. Judge Reynolds denied the request and stated, "Our system of government mandates that this Court, as a subsidiary district court, must follow the decisions of our Supreme Court."[33]

SB 423 goes into effect

After Senate Bill 423 went into effect on August 31, 2016, the number of medical marijuana patients without a provider increased four-fold to 11,850. More than 93 percent of the state's 12,730 patients had no provider in September 2016.[10] The number of registered patients dropped from 12,730 in September to 7,785 in October 2016.[34]

Medical marijuana across the states

See also: Medical marijuana

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.[35] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal.[36] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

Unique instances

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [37]

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section.[38] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.[39]

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.[40] Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.[39]

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.[41]


Clerical error in initiative text

A clerical error in Initiative 182's last two sentences postponed repealing the limit of three patients for each licensed medical marijuana provider until June 30, 2017.[42] Those who developed the initiative intended the limitation to be repealed immediately upon voter approval. The mistake occurred because the section of the initiative repealing the limitation was labeled "Section 9," and then renamed "Section 7." However, the last section of the text stating that "Section 9" would take effect immediately was not changed to "Section 7."[43] The paragraph of Initiative 182 in question read:[1]

“ Section 27. Effective dates. (1) Except as provided in subsection (2),

[this act] is effective June 30, 2017.

(2) [Sections 3, 4, 5, 9 and 20] are effective on passage and approval.[11]

”

Kate Cholewa, spokesperson for Montana Citizens for I-182, responded, "It was a simple switch of numbers, 7 and 9, that wasn’t caught." She expressed confidence that the error could be fixed, stating, "All the intent is clear. It's a clerical error, and we've been told there are avenues for fixing this in such a way that would let the initiative go into effect as intended. It would be pointless for it to go into effect in June."[43] She added, "It's an annoyance, not an issue."[44]

The state's Legislative Code Commissioner, Todd Everts, said fixing the clerical error would be "up to the Legislature."[44] He elaborated, “The legislature would have to pass a bill, and the governor would have to sign that day to change the effective date. The legislature starts up the first day of January 2017 and at minimum, it could take a few weeks if not much longer."[43]

On December 7, 2016, Judge James P. Reynolds of the Montana 1st Judicial District Court resolved the error, thus terminating the three-patient limit.[2]

Path to the ballot

See also: Laws governing the initiative process in Montana

The Montana Cannabis Industry Association sponsored the petition to the secretary of state. It was received on February 29, 2016, and approved for circulation on April 15, 2016. Supporters needed to collect 24,175 valid signatures, which is 5 percent of the total number of votes cast in the last gubernatorial general election.[45]

On July 13, 2016, the Montana Secretary of State Linda McCulloch certified the measure for the November 8, 2016, ballot.[46]

Cost of signature collection:
Sponsors of the measure hired M+R Strategic Services to collect signatures for the petition to qualify this measure for the ballot. A total of $84,000.00 was spent to collect the 24,175 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $3.47.

Related measures

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

The first attempt to legalize marijuana through the initiative process came in 1972, when California activists got an initiative certified for the ballot. The measure was defeated. Marijuana legalization advocates had their breakthrough election in 2012, when both Washington and Colorado legalized recreational marijuana. Oregonians rejected a legalization measure that same year, but approved one two years later in 2014. As of the beginning of 2016, recreational marijuana had been legalized in four states and Washington, D.C. All legalizations came through the initiative process. As of the beginning of 2016, medical marijuana was legal in 25 states.[47]

More than 60 statewide marijuana-related initiatives were submitted for the 2016 ballot. The table below shows the marijuana-related measures that qualified for the 2016 election ballot:

Marijuana measures on the ballot in 2016
StateMeasures
CaliforniaCalifornia Proposition 64, California Marijuana Legalization Approveda
ArizonaArizona Marijuana Legalization, Proposition 205 Defeatedd
MaineMaine Marijuana Legalization, Question 1 Approveda
MassachusettsMassachusetts Marijuana Legalization, Question 4 Approveda

The following table includes past initiative attempts in the United States to legalize marijuana:

State Year Measure Status
Arizona 2016 Proposition 205
Defeatedd
California 2016 Proposition 64
Approveda
Maine 2016 Question 1
Approveda
Massachusetts 2016 Question 4
Approveda
Nevada 2016 Question 2
Approveda
Ohio 2015 Legalization Initiative
Defeatedd
Alaska 2014 Ballot Measure 2
Approveda
Oregon 2014 Measure 91
Approveda
Washington, D.C. 2014 Initiative 71
Approveda
Colorado 2012 Amendment 64
Approveda
Oregon 2012 Measure 80
Defeatedd
Washington 2012 Initiative 502
Approveda
California 2010 Proposition 19
Defeatedd
Nevada 2006 Question 7
Defeatedd
Alaska 2004 Measure 2
Defeatedd
Nevada 2002 Question 9
Defeatedd
California 1972 Proposition 19
Defeatedd


State profile

Demographic data for Montana
 MontanaU.S.
Total population:1,032,073316,515,021
Land area (sq mi):145,5463,531,905
Race and ethnicity**
White:89.2%73.6%
Black/African American:0.5%12.6%
Asian:0.7%5.1%
Native American:6.5%0.8%
Pacific Islander:0.1%0.2%
Two or more:2.5%3%
Hispanic/Latino:3.3%17.1%
Education
High school graduation rate:92.8%86.7%
College graduation rate:29.5%29.8%
Income
Median household income:$47,169$53,889
Persons below poverty level:17%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Montana.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Montana

Montana voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in Montana, accounting for 1.46 percent of the total pivot counties.[48]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Montana had two Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.10 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Montana coverage on Ballotpedia

See also

External links

Support

Opposition

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Montana Secretary of State, "BALLOT LANGUAGE FOR INITIATIVE NO. 182 (I-182)," accessed April 18, 2016
  2. ↑ 2.0 2.1 2.2 Bozeman Daily Chronicle, "Judge rules to re-open marijuana dispensaries immediately," December 7, 2016
  3. ↑ Missoulian, "Suit seeks to restore immediate medical marijuana access," November 23, 2016
  4. ↑ Montana Public Radio, "Montana Medical Marijuana Initiative To Take Effect Immediately," December 7, 2016
  5. ↑ Billings Gazette, "Bill would fix start-date of medical marijuana initiative," January 23, 2017
  6. ↑ Montana Legislature, "Senate Bill 131 Overview," accessed June 7, 2017
  7. ↑ 7.0 7.1 Montana Legislature, "Bill Actions - Senate Bill 423," accessed October 3, 2016
  8. ↑ 8.0 8.1 Billings Gazette, "U.S. Supreme Court rejects appeal over medical marijuana in Montana," June 27, 2016
  9. ↑ 9.0 9.1 9.2 Washington Post, "Eleven years after being approved, Montana’s medical marijuana industry faces an existential threat," August 17, 2015
  10. ↑ 10.0 10.1 Montana Standard, "93 percent of medical marijuana patients lack provider under new law," September 18, 2016
  11. ↑ 11.0 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  12. ↑ Montana Citizens for I-182, "Homepage," accessed October 3, 2016
  13. ↑ 13.0 13.1 Montana Citizens for I-182, "Champions," accessed October 13, 2016
  14. ↑ 14.0 14.1 Billings Gazette, "Guest opinion: Let's restore Montana's medical marijuana law," May 31, 2016
  15. ↑ 15.0 15.1 Montana Public Radio, "Dem attorney general candidate supports medical marijuana ballot initiative," April 19, 2016
  16. ↑ Our Revolution, "Ballot Initiatives," accessed October 4, 2016
  17. ↑ Montana Citizens for I-182, "Fact Sheet," accessed October 3, 2016
  18. ↑ 18.0 18.1 18.2 Montana Secretary of State, "2016 General Election Montana Voter Information Pamphlet," accessed September 21, 2016
  19. ↑ Safe Montana, "Homepage," accessed October 3, 2016
  20. ↑ Yahoo, "Anti-pot initiative sponsor gives up Montana ballot effort," August 24, 2016
  21. ↑ Helen Independent Record, "Marijuana is not harmless," October 4, 2016
  22. ↑ 22.0 22.1 Montana Campaign Finance Filing System, "Committee search," accessed March 12, 2025
  23. ↑ 23.0 23.1 Cite error: Invalid <ref> tag; no text was provided for refs named sup
  24. ↑ 24.0 24.1 Cite error: Invalid <ref> tag; no text was provided for refs named opp
  25. ↑ Billings Gazette, "Gazette opinion: Voting again on medical marijuana," October 27, 2016
  26. ↑ Great Falls Tribune, "Vote for medical marijuana ballot issue," September 27, 2016
  27. ↑ 27.0 27.1 27.2 27.3 The Missoulian, "Majority of Montana voters oppose medical marijuana initiative, poll shows," October 20, 2016
  28. ↑ [Ballotpedia staff, "E-mail with Matt Leow," November 7, 2016]
  29. ↑ Montana Legislature, "Bill Actions - House Bill 148," accessed October 3, 2016
  30. ↑ Mic, "Marijuana legalization Montana 2016: Here's what to know about state's I-182 initiative," September 15, 2016
  31. ↑ Billings Gazette, "Medical marijuana providers at crossroads as new Montana law looms," August 15, 2016
  32. ↑ KTVQ, "Montana Supreme Court upholds most restrictions imposed in 2011 on medical marijuana," February 25, 2016
  33. ↑ KRTV, "Judge rules that limits on medical marijuana in Montana won't be delayed," August 18, 2016
  34. ↑ KBZK, "Big drop reported in Montana medical marijuana registry numbers," November 3, 2016
  35. ↑ This count excludes states that permitted both the use of cannabis oil and medical marijuana.
  36. ↑ CBD School, "CBD Laws by State 2020 - Just the Facts (is CBD legal in 2020?)," accessed February 28, 2020
  37. ↑ Idaho Office of Drug Policy, "Cannabidiol (CBD)," accessed February 28, 2020
  38. ↑ South Dakota Legislature official website, "2019 Senate Bill 22 - Enrolled," accessed February 28, 2020
  39. ↑ 39.0 39.1 Argus Leader, "Is CBD oil illegal? Confusion reigns over South Dakota's law," April 19, 2019
  40. ↑ South Dakota Attorney General official website, "Attorney General Ravnsborg clarifies questions regarding industrial hemp and CBD (Cannabidiol) oil," March 25, 2019
  41. ↑ Argus Leader, "Industrial hemp becomes legal in South Dakota after Noem signs bill," March 27, 2020
  42. ↑ Helena Independent Record, "Error in I-182 cuts medical marijuana off for another 8 months -- and what will the Legislature do?" November 13, 2016
  43. ↑ 43.0 43.1 43.2 KBZK, "Clerical error" in I-182 could delay Montana medical marijuana access for months," August 26, 2016
  44. ↑ 44.0 44.1 Billings Gazette, "Error in marijuana initiative could delay changes to law," August 25, 2016
  45. ↑ Montana Secretary of State, "Proposed 2016 Ballot Issues," accessed December 16, 2015
  46. ↑ KLXH.com, "Pro-medical marijuana initiative qualifies for November ballot," July 13, 2016
  47. ↑ ProCon.org, "25 Legal Medical Marijuana States and DC," June 28, 2016
  48. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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