Montana Cannabis Revenue Bill Veto On Thin Ice, State's Supreme Court Defies Gov With Ruling To Clear Legislative Path

The Montana Supreme Court rejected the state’s request to halt a lower court’s mandate. This directive compels Governor Greg Gianforte (R) and Secretary of State Christi Jacobsen to proceed with an override poll concerning a vetoed cannabis revenue bill.

The court’s decision grants lawmakers a renewed opportunity to reassess Senate Bill 442, which Gianforte vetoed at the 2023 session’s conclusion.

Bipartisan Support Clashes With Governor's Veto

At the heart of the dispute is the proposed redistribution of recreational cannabis tax revenues. The bill, demonstrating substantial bipartisan approval, sought to funnel more funds toward habitat conservation and county infrastructure.

However, Governor Gianforte’s veto has ignited a constitutional and political debate,  highlighting the delicate balance of power within Montana’s governmental framework, as Blair Miller reported in The Daily Montanan. “We are thankful to the Montana Supreme Court for upholding the constitution and requiring the governor and secretary of state to issue the override poll with haste,” said Noah Marion, political and state policy director for Wild Montana. “We look forward to helping Sen. (Mike) Lang and the Legislature finally make SB 442 law; benefitting infrastructure, veterans, mental health, agriculture and timber industries, wildlife, public access, hunter and anglers.”

A Unanimous Court Decision Amid Legal Wrangling

The unanimous decision from six judges, with only Dirk Sandefur abstaining, signifies a clear path forward. Despite arguments suggesting the poll’s potential to moot the governor’s legal challenges, the court maintained its ability to address these concerns separately.

Notably, this development marks a significant victory for proponents of SB 442, including environmental and community groups that have championed the bill’s objectives. “Despite ongoing attempts to stall, the courts have upheld the necessity for legislative involvement in the veto override process,” said Eric Bryson, executive director of the Montana Association of Counties. “We appreciate and commend the Supreme Court for promptly addressing the matter.”

A Defining Moment For Montana's Legislative Process

This Supreme Court ruling facilitates an immediate step towards potentially overturning the governor's veto and also sets a precedent for the legislative process in Montana. The court’s decision to allow the appeal to continue while the override poll is conducted speaks to the judiciary's ability to navigate complex constitutional and procedural issues.

As the override poll is distributed, the bipartisan support initially garnered by SB 442 will be put to the test. With more than 10 months having passed since Gianforte’s veto, the upcoming legislative action could redefine Montana’s approach to cannabis tax revenue distribution and broader environmental and infrastructure policies.

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