Advocates are warning that a bill passed by Montana’s legislature aimed at reducing marijuana-impaired driving by people under 21 would put younger medical cannabis patients at risk and criminalize minors who may have used the drug days earlier but are otherwise entirely sober.
The state House of Representatives voted on Friday to pass the measure—SB 508, from Sen. Willis Curdy (D)—which the Senate approved in early March. It next proceeds to the desk of Gov. Greg Gianforte (R).
Reform advocates are asking their supporters to urge a veto from the governor, noting that the proposal includes mandatory jail time for offenders and claiming that young drivers could be tested and charged after an accident that wasn’t their fault even if they weren’t impaired.
The Marijuana Policy Project (MPP) said in an email about the bill that it would create an “extreme standard for drivers under 21, making it a DUI offense to have any detectable THC or certain metabolites in their system.”
“It would criminalize sober young drivers who are state-legal medical cannabis patients, people who tested positive after using legal CBD products, and people who were exposed to cannabis second-hand,” the group said. “Since THC can remain in the bloodstream and urine days after its effects have worn off, this approach would criminalize and incarcerate young Montanans who are completely unimpaired.”
Karen O’Keefe, director of state policies for MPP, said the House passed the bill after lawmakers made misleading statements about marijuana legality among people younger than 21 as well as circumstances under which minors would be tested.
In floor debate, Rep. Steven Kelly (R) said that marijuana use is already illegal for people under 21 and that minors would need to exhibit signs of impairment—such as bloodshot eyes or inhibited speech—in order to be tested.
But MPP points out that Illinois’s medical marijuana program allows patient use by people 21 and under with a doctor’s recommendation, and minors can also legally use hemp-based CBD products that in some cases can cause positive THC tests, especially when screening for trace amounts.
The group also noted that nothing in the bill appears to actually require evidence of impairment, meaning drivers could be tested even if there’s no sign they’re actually under the influence of the drug.
“There is no need for this unjust, overbroad law,” MPP said in its email, adding that “Montana already criminalizes impaired driving,” including with a per se THC blood limit of 5 nanograms per milliliter.”
MPP also put out a call to action asking supporters to urge Gianforte to veto SB 508.
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