Legislators Pass Bill To Allow Agreements With Montana, Tribes Regarding Marijuana

A bill that would give the governor authority to enter into agreements with tribal governments relating to the regulation of marijuana is awaiting the governor’s signature.

House Bill 952 passed the House by a 57-40 vote on April 8 and passed the Senate by a 32-18 margin on April 18.

The legislation, sponsored by Rep. Frank Smith, D-Poplar, reads, “The governor may enter into agreements with a tribal government to coordinate the cross-jurisdictional administration of the laws of this state and the laws of the tribal government relating to the regulations of marijuana to promote a cooperative and mutually beneficial relationship between the state and the tribal government.

Patrick Yawakie, co-founder of Red Medicine Inc., explains that the legislation doesn’t require anything, but it rather allows the governor and all Montana tribes to reach agreement on a variety of topics related to marijuana regulations and taxation agreements.

Agreements may include some of the following areas: criminal and civil law enforcement; regulatory issues related to the commercial production, processing, sale and possession of marijuana and marijuana products; medical and pharmaceutical research involving marijuana; marijuana taxation; any tribal immunities or preemption of state law regarding the production, processing or marketing of marijuana; and dispute resolution, including the use of mediation or other nonjudicial processes. Tribes could be able to exempt certain sales and medical marijuana uses from state taxation under the terms of these agreements.

The bill states that any marijuana agreement relating to the production, processing and sale of marijuana in Indian Country, whether for recreational or medical purposes, must address preservation of public health and safety; security of production, processing, retail and research facilities; and cross-border commerce in marijuana.