The bill to prohibit the majority of marijuana advertising in Montana was voted down and subsequently postponed by the Senate Business, Labor, and Economic Affairs Committee on Tuesday. This decision came after a hearing that faced strong opposition from representatives of the cannabis and media industries.
In its current form, House Bill 351, sponsored by Rep. Kerri Seekins-Crowe, R-Billings, prohibits the “publication, dissemination, solicitation, or circulation of visual, oral, or written communication” that could “directly induce” someone to buy or consume marijuana. It would allow businesses to maintain websites and to employ outdoor signage. It had already been approved by the House.
Before the vote, the committee approved an amendment that would permit cannabis businesses to donate to charitable causes and have their name listed as a donor. The amendment also allows businesses to sell merchandise that bears their name or logo.
The bill did not pass, with a vote of 4-6. However, the committee unanimously agreed to table it.
The committee also on Tuesday voted down and subsequently tabled House Bill 611, sponsored by Rep. Jane Gillette, R-Bozeman. That bill, which had also passed the House, would require businesses to add a warning label to marijuana packaging directed specifically at pregnant women.
During Monday’s hearing on the two bills, a single proponent, Coleen Smith, executive director of Helena-based Youth Connections, spoke in favor of HB 351, the ad ban bill. “Kids and families should not have to be subjected to being inundated with advertising about this very addictive substance,” she said.
Bill opponents argued that the ad ban contradicts language in HB 701, last session’s industry framework bill, as well as rules established by the Department of Revenue. Those rules permit the advertising of a brand, but prohibit businesses from advertising specific products.
During the committee meeting, Pepper Petersen from the Montana Cannabis Guild drew attention to the fact that HB 351 prohibits advertising through “oral” communication. He raised a concern by questioning if they would even be allowed to talk openly about their brand.
According to Kate Cholewa from the Montana Cannabis Industry Association, the Cannabis Control Division lacks adequate staff to effectively address wrongdoings, while highlighting that the majority of businesses are committed to upholding the principles of existing policy.
During the later part of the hearing, Smith once again voiced his support for HB 611 as the only public advocate. In contrast, industry representatives disputed Gillette’s claim that the scientific evidence supporting warning labels for pregnant women is limited and unsupported.
The committee voted HB 611 down 3-7. The committee tabled the bill unanimously.
