Last week, Montana Governor Greg Gianforte asked a district court judge to dismiss a lawsuit, filed in June, that challenges his veto of a bill that would have directed recreational marijuana tax revenues to conservation. The lawsuit, filed by Wild Montana, the Montana Wildlife Federation, and the Montana Association of Counties, argues that Gianforte intentionally used "procedural trickery" by vetoing the bill, Senate Bill 442, during a brief and confusing window when the state senate had adjourned and had not learned of Gianforte's veto, and the state house had not yet adjourned. Attorneys for Gianforte argue that Gianforte followed proper procedure, and that this prevents the legislature from having the opportunity to override his veto of SB 442.
In 2020, Montana voters approved Initiative 190, which legalized recreational marijuana and directed that just under half of recreational marijuana tax revenues be dedicated to a variety of conservation programs. The legislature has been trying to redirect those revenues ever since, including multiple proposals in the 2021 and 2023 legislative sessions that were ultimately defeated. But SB 442, introduced during the 2023 session, maintained funding for public land access and habitat conservation programs, and passed through both chambers of the state legislature with overwhelming support. In addition to jeopardizing an important and popular source of funding for conservation, the manner in which SB 442 was vetoed threatens to set a concerning precedent, according to the lawsuit: "If the precedent set by SB 442 is not corrected, a future governor may block widely supported bills from going into effect without regard to the constitutional system of checks and balances."
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