6/14/22

Tribes pinched in Montana cannabis industry growth

Cannabis is legal in Montana for adults over 21 and despite objections from prohibitionists voters in Yellowstone County just moved the state's largest county from red to green.

Purchased flower of no more than 35% THC plus edibles, tinctures, vaporizer cartridges, concentrates and topicals produced only in Montana are placed in reusable "exit bags” to prevent children and potentially triggered Republicans from seeing what's inside. Patients in the state's therapeutic cannabis program are exempt from the 100mg of THC cap in edibles. All product is tested in Montana-based labs for bacteria, mold, heavy metals, potency and other foreign compounds. 

Rigs and CBD products purchased at dispensaries can be manufactured outside of Montana and expungement of past cannabis offenses is being implemented slowly. Adults may grow two mature and two seedlings at home as long as they’re where Republicans can’t see or smell them. Green counties tend to be in Democratic western Montana while red counties where sales are forbidden tend to be in the Republican east. 

But, last year Montana's Republican legislature passed regulations that restrict each tribal nation to a single permit to cultivate and market cannabis. Under state law tribes aren't even allowed to build facilities on their own reservations but in defiance, the Apsáalooke or Crow Nation maintains that as sovereign it doesn't need permission from state authorities and so far no tribe has even bothered to apply.
After the session, the Economic Affairs Interim Committee confirmed with the Department of Revenue that even though the bill defines these combined-use licenses as tier 1, the smallest grow size (a maximum of 1,000 square feet of grow space), they could scale up over time, just like any conventional cultivation license. But on June 2, Brendan Beatty, director of the Department of Revenue, sent a letter to the Economic Affairs Interim Committee insisting that tribal cultivation operations cannot expand beyond tier 1 licenses. Once the state’s moratorium on new licenses ends on July 1, 2023, Native Montanans will be able to apply for licenses just like anyone else. Those new licenses will not be bound to any such restrictions. [Montana Free Press]
Learn more at the Daily Montanan.

1 comment:

larry kurtz said...

"Montana’s tribes live in a gray area as sovereign nations on federal trust property. Tribes have more interaction with the federal government than any county or municipal government, which makes the federal ambiguity on cannabis policy all the more challenging for us. States, and for that matter tribal nations, should always have the last say on to what degree cannabis is legal in their jurisdictions, but the federal government first needs to remove the cloud of uncertainty that exists for legal cannabis." Senator Jason Small, from Busby, represents Senate District 21, which includes the Crow and Northern Cheyenne reservations. He is the vice chairman of the Select Committee on Marijuana Law.