Montana GOP Senator’s Bill Would Require People To Register And Pay A $200 Annual Fee To Use Recreational Marijuana

Marijuana reform advocates are sounding the alarm after a Montana GOP senator filed a bill that would require adult-use cannabis consumers to register and pay a $200 annual fee to participate in the legal program that voters approved in 2020.

Sen. Greg Hertz (R) introduced the legislation, SB 255, last week. It would create a registration system similar to what’s in place for medical cannabis in many states—except that this would be for adults in a recreational market, with a significantly higher annual fee.

Adults would need to pay the $200 fee to obtain a cannabis card from the state Cannabis Control Division (CCD). Participants would need to pay that fee each year for renewal under the proposal.

Upon applying for the card, there would be a 60-day period where adults could access marijuana from licensed retailers. But if they don’t pay the fee by the end of that window, the division “shall cancel the temporary marijuana identification card.”

“This is an outrageous attempt to gut the will of the people and re-criminalize cannabis for most Montanans. Voters legalized cannabis for all adults 21 and older,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), told Marijuana Moment on Thursday.

“No other adult-use state forces cannabis consumers to enroll in a state registry, and the people’s initiative explicitly prohibits this surveillance and government overreach,” she said. “Re-criminalizing cannabis for anyone who does not pay $200 per year to register with the state is an affront to Montana voters who made their voices clear when they passed Initiative I-190.”

The text of the bill states that a “marijuana cardholder shall keep the individual’s marijuana identification card in the individual’s immediate possession at all times. The marijuana identification card and a valid photo identification must be displayed on demand of a law enforcement officer, justice of the peace, or city or municipal judge.”

The legislation would further amend the current state code to replace language providing for “legal possession and use of limited amounts of marijuana legal for adults 21 years of age or older” with “marijuana cardholders and registered cardholders.”

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MPP is encouraging Montanans to reach out to their representatives to oppose to proposal, which the organization says “subjects law-abiding cannabis consumers to surveillance and government overreach.”

“This also puts Montanans at risk under federal law. Cannabis remains federally illegal, and gun owners who are cannabis consumers face up to 10 years in prison,” MPP said.

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