Montana To Get Greener, But an Anti-Cannabis Lawsuit might Make Everyone Sick


As the state begins the process of drafting rules and regulations for the Montana Marijuana Regulation and Taxation Act, which will go into effect no later than Oct. 1, 2021, Montanans who are excited about smoking the “electric lettuce” may find themselves stymied by a lawsuit whose resolution seems as unlikely and bleak as a Trump comeback, but not outside fo the realm of possibility.

With Montana passing initiatives 190 and 118 by double-digit margins during the recent election, ( 57-43% and 58-42%, respectively) they join 15 other states who have legalized cannabis in order to shore up their state coffers and give the people what they want, with plans well on their way to begin capitalizing on the windfall that will result from taxing it.

The plan is simple. Tax it at 20% and half goes to the government general fund, and the other 10% is dedicated to “accounts for conservation programs, substance abuse treatment, veterans’ services, health care costs, and localities where marijuana is sold.”

While such a move has fiscal hawks licking their chops, one group believes that such a plan is unconstitutional and that they have the wherewithal to stop it.

Steve Zabawa filed a lawsuit in Lewis and Clark County the day after the election on behalf of Wrong for Montana (WFM) a grass-roots (no pun intended) organization opposed to the legalization of cannabis. According to the Marijuana Moment:

“The plaintiffs argue that the voter-approved statutory proposal unlawfully appropriates funds, violating a portion of the state Constitution that prohibits such activity from being included in a citizen initiative. The state Supreme Court declined to take the case last month, but it did not rule on the merits. Instead, it said the filers failed to establish the urgency needed to skip the lower court adjudication process.”

Specifically, WFM claims that Initiative 190 is little more than an appropriation by an initiative, resulting in a violation of the Montana state constitution. They appeal to Article 3 Section 4 that reads, “The people may enact laws by initiative on all matters except appropriations of money and local or special laws” and call for it to be declared void, unenforceable, and unconstitutional.

Legal experts and supporters of the initiative, however, say that WFM and Zabawa have it all wrong because of the very careful way the law was written, making it designed to bypass such restrictions. “The initiative itself does not appropriate the funds” said Anthony Johnstone, Professor of Law at the University of Montana “But rather it allocates money for the legislature to then fund. What courts have said in the past, is that those initiatives don’t appropriate money, they raise money for the legislature to appropriate.”


Bringing you conservative news and commentary means it is tough out there on social media. We’re constantly getting kneecapped and constrained by tech companies who find the truth intolerable, resulting in our reach being severely throttled.

For this reason, please consider supporting us directly. If you like what you are reading and desire to to see more, please support our work here.

Stay informed. Subscribe today.
Enter your email address below.

Print Friendly, PDF & Email
HTML5 Icon


Please enter your comment!
Please enter your name here

Latest news

You Have Been Served!

Montana man puts Flathead Valley Title Companies on notice Montana man Dennis Thornton has turned up the heat on the...

EXCLUSIVE: Union Pacific Railroad Mandates “Covid Vaccine”-Will BNSF be Next?

Just in: Union Pacific Railroad will be the next to enforce the Experimental Injection upon their employees to retain...

Gender Neutral Toy Aisles-Yes in California

The "land of liberals" has done it once again and this time it's in the toy aisles. California has become...


The story was a simple one. Multiple witnesses testified to the Montana Daily Gazette publisher, Pastor Jordan Hall of...

Op-Ed: How Montana Daily Gazette Fought Town Pump – And Won

In June, I was returning to Richland County with a caravan of vehicles from my home county, and stopped...

Galt vs Bartel vs Peterson et al for Osmundson Seat Creates Interesting Outcomes for Speaker

Dan Bartel (R-Lewistown) is the most conservative of those running to fill the opening of the Senate seat emptied...

Must read

You Have Been Served!

Montana man puts Flathead Valley Title Companies on notice Montana...

EXCLUSIVE: Union Pacific Railroad Mandates “Covid Vaccine”-Will BNSF be Next?

Just in: Union Pacific Railroad will be the next...

You might also likeRELATED
Recommended to you

Print Friendly, PDF & Email
Ads Blocker Image Powered by Code Help Pro
Ads Blocker Detected!!!

We have detected that you are using extensions to block ads. If you would like to go ad-free, please purchase a full subscription on Substack!