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69th Legislature 2025 HB 952
- 1 - Authorized Print Version – HB 952
ENROLLED BILL
AN ACT AUTHORIZING THE GOVERNOR TO ENTER INTO AGREEMENTS WITH TRIBAL GOVERNMENTS
RELATING TO THE REGULATION OF MARIJUANA; PROVIDING AN APPROPRIATION; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Authorization to enter agreement -- general contents. (1) The governor may enter into
agreements with a tribal government to coordinate the cross-jurisdictional administration of the laws of this state
and the laws of the tribal government relating to the regulation of marijuana to promote a cooperative and
mutually beneficial relationship between the state and the tribal government. Marijuana agreements may
address any marijuana-related issue that involves both state and tribal interests or otherwise has an impact on
tribal-state relations. The agreements may include but are not limited to the following provisions and subject
matter:
(a) criminal and civil law enforcement;
(b) regulatory issues related to the commercial production, processing, sale, and possession of
marijuana and marijuana products, as defined in 16-12-102, for both recreational and medical purposes;
(c) medical and pharmaceutical research involving marijuana;
(d) marijuana taxation;
(e) any tribal immunities or preemption of state law regarding the production, processing, or
marketing of marijuana; and
(f) dispute resolution, including the use of mediation or other nonjudicial processes.
(2) (a) Marijuana agreements must apply to sales in which tribes, tribal enterprises, or tribal
member-owned businesses:
(i) deliver or cause delivery to be made to, or receive delivery from, a marijuana producer,
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69th Legislature 2025 HB 952
- 2 - Authorized Print Version – HB 952
ENROLLED BILL
processor, or retailer licensed pursuant to 16-12-203; or
(ii) physically transfer possession of marijuana from the seller to the buyer within tribal government
jurisdiction.
(b) The tribe may allow an exemption from tax for sales to the tribe, tribal enterprises, tribal
member-owned businesses, or tribal members on marijuana grown, produced, or processed within its
jurisdiction. Medical marijuana products used in the course of medical treatments by a clinic, hospital, or similar
facility owned and operated by a federally recognized Indian tribe within its Indian country may be exempted
from tax under the terms of an agreement entered into under this section.
(3) Any marijuana agreement relating to the production, processing, and sale of marijuana in
Indian country, whether for recreational or medical purposes, must address the following issues:
(a) preservation of public health and safety;
(b) security of production, processing, retail, and research facilities; and
(c) cross-border commerce in marijuana.
Section 2. Appropriation. There is appropriated $1,000 from the general fund to the office of Indian
affairs for the fiscal year beginning July 1, 2025, for the purposes established in [section 1].
Section 3. Notification to tribal governments. The secretary of state shall send a copy of [this act]
to each federally recognized tribal government in Montana.
Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
18, chapter 11, and the provisions of Title 18, chapter 11, apply to [section 1].
Section 5. Effective date. [This act] is effective July 1, 2025.
- END -
I hereby certify that the within bill,
HB 952, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 952
INTRODUCED BY F. SMITH, J. FULLER, W. MCKAMEY, P. FLOWERS, D. HAYMAN, M. DUNWELL, A.
OLSEN, S. MORIGEAU, J. WINDY BOY, M. YAKAWICH, C. POPE, L. SMITH, J. MORIGEAU, E. BOLDMAN,
B. BARKER, D. BAUM, M. CAFERRO, S. DEMAROIS, C. FITZPATRICK, D. HAWK, K. SULLIVAN, G.
NIKOLAKAKOS, J. SOOKTIS, E. TILLEMAN, Z. WIRTH
AN ACT AUTHORIZING THE GOVERNOR TO ENTER INTO AGREEMENTS WITH TRIBAL GOVERNMENTS
RELATING TO THE REGULATION OF MARIJUANA; PROVIDING AN APPROPRIATION; AND PROVIDING
AN EFFECTIVE DATE.