Though House Bill 952 is only two pages long, it has the potential to have major impacts on Montana tribes, according to those who advocated for its passage.
Sponsored by Rep. Frank Smith, D-Poplar, Sioux, the bill was requested by the State-Tribal Relations Interim Committee to help tribes navigate barriers in entering and engaging in the cannabis industry. It cleared the Legislature earlier this month, getting support from most Democratic legislators and enough majority Republicans to pass.
This is Smith’s last year as a legislator before retirement. He was first elected in 1999 and is one of the longest-serving current members. During a recent Montana American Indian Caucus meeting, Smith was wished a happy retirement and congratulated for ending with what members called such an impactful bill.
Many of the challenges tribes face in growing and selling marijuana stem from past legislation. House Bill 701, a 153-page bill that became law in 2021, established laws to regulate newly legalized recreational cannabis. The bill placed major constrictions on tribes in regards to cannabis regulations.
HB 701 created three major hurdles for tribes when it was enacted.
First, it only allowed for one combined-use marijuana licence per tribe, meaning each tribe could only have one location for growing, packaging, distributing and selling cannabis.
Second, it restricted tribes to a single-tier canopy licence, meaning a tribe’s dispensary and the growing operation must consist in a maximum of a single 1,000-square-foot building.
Third, it required tribes to build dispensaries at least 150 miles outside of reservation boundaries and in a “green county” that allows the sale of cannabis, essentially restricting tribes to operate in highly saturated markets, an issue raised by Patrick Yawakie, co-founder of Red Medicine, LLC, an organization that provides professional civic engagement and lobbying services to tribes.
Yawakie said this year’s HB 952 will address many of those barriers. He helped draft the bill and said its language was mainly pulled from the Washington state-tribal cannabis compact, which allows Washington tribes and the state enter into agreements to regulate and define cannabis operations within their reservations. Twenty-two out of the 29 federally recognized tribes in Washington have compacts with the state and more are in the process.
Hellbound and Down 