Viewpoint: State senator pushes to surveil Marijuana purchases
Karen O'Keefe and Ted Dick
Five years ago, 57% of Montana voters spoke loud and clear when they legalized cannabis for adults 21 and older. Shockingly, state Sen. Greg Hertz has proposed legislation — SB 255 — that would dramatically erode Montana’s voter-enacted cannabis legalization initiative, I-190, and recriminalize most cannabis consumers.
Under I-190, the state is not authorized to require or record personal information beyond verifying a consumer’s age. However, SB 225 would force adults over the age of 21 to pay a $200 annual registration fee to obtain a state-issued card from the Department of Revenue in order to legally purchase, possess, and consume cannabis. Further, only Montana residents could register.
This outrageous bill also mandates that adult-use consumers must carry this identification card “in their immediate possession at all times,” putting anyone in possession of cannabis without their card at risk of penalties, even if they are otherwise compliant with the law. Consequently, this proposal would re-criminalize most cannabis consumers who would not pay $200 to get on a government list of cannabis consumers and have their purchases tracked.
No cannabis legalization state in the country requires adult-use consumers to enroll in a government database simply to exercise their legal rights. And although alcohol is far more dangerous than marijuana — and its chronic health effects cause 117,000 deaths per year in the U.S. — no state requires you to register and pay a fee to buy alcohol. And the bill doesn’t include this costly and intrusive registration for those who enjoy alcohol. At least not yet.
The Fourth Amendment protects individuals from unwarranted government surveillance. This registration and tracking sets a dangerous precedent for government overreach and the nanny state.
Not only would SB 255 violate personal privacy. If SB 225 is implemented, the proposed $200 annual registration fee would create an unnecessary financial burden, disproportionately impacting lower-income individuals. Montana should not implement an unfair pay-to-play system that re-criminalizes those who cannot afford an unnecessary government-mandated fee.
SB 225 would also drive much of the cannabis market underground or to neighboring states. Adult-use cannabis businesses first opened their doors in Montana in January 2022, and the state reported a total tax haul of more than $53 million from adult-use cannabis sales as of March 2023. The tax revenue generated from cannabis sales would dwindle if this legislation is passed.
Furthermore, SB 255 poses a significant risk to gun owners who consume cannabis. Under federal law, any person who is an “unlawful user” of a federally controlled substance is prohibited from purchasing or possessing firearms and ammunition. Because cannabis remains illegal at the federal level, individuals who are identified as cannabis consumers through a government registry may risk facing up to 10 years in prison. '
While some courts, including the Fifth and Eighth Circuit courts of appeals, have ruled the Second Amendment prohibits stripping cannabis consumers of their gun rights, those decisions do not control in Montana. SB 255 would put every cannabis consumer who exercises their constitutional right to own a gun at risk, by requiring them to register and constantly carry their cannabis consumer card.
SB 255 is a slap in the face to voters who legalized cannabis for all adults 21 and older, and rejected intrusions on their privacy. It is also a constitutionally questionable piece of legislation. It imposes financial burdens on responsible adults, violates personal privacy, places gun owners at legal risk, and may ultimately harm public safety by fueling illicit markets.
Montana voters legalized cannabis for all adults 21 and older. They did not legalize it only for residents of Montana who sacrifice their privacy and register with the state and pay $200 per year. Lawmakers should stand for freedom and privacy and oppose this outrageous bill that ignores the will of the voters.