Although Montana voters passed two recreational cannabis legalization initiatives, opponents of legal cannabis are filing a lawsuit to overturn the ruling.
Wrong for Montana, a group who campaigned against both Initiative 190 and Constitutional Initiative 118, is prepping to file a lawsuit with the Helena District Court to overturn I-190. I-190 creates rules for recreational cannabis use and establishes a 20 percent tax on recreational cannabis sales. CI-118 amends the Montana Constitution to set the age to purchase cannabis at 21. Montana advocates submitted their ballot initiative at the beginning of the year.
The initiative states that just over 10 percent of tax revenue generated from cannabis sales will go toward environmental conservation programs, veteran’s services, health care costs and local governments. Wrong for Montana Spokesperson Steve Zabawa felt voters were deceived by the initiative’s wording.“That’s why we’re suing. It’s not transparent,” said Zabawa . “Even though this thing got voted in last night doesn’t mean it’s going to be law. There’s a lot more that has to be done, and I think the Montana Supreme Court or the [Helena] District Court will throw this thing out.”
Last month, Representative Derek Skees introduced a bill that would repeal I-190 if it were passed, but revoked it after 57 percent of the votes cast were in favor of the imitative. “Say 51 percent, then that bill would’ve been a good idea, because then it would’ve allowed us to say, ‘Well, listen, Montanans are a little confused on this. Not everybody was really for it,’” Skees said.
The authors of I-190 predict that recreational cannabis will generate around $48 million annually in tax revenue and licensing fees by 2025. Anyone serving a sentence for “an act permitted by I-190” is able to apply for resentencing or expungement.
