Criminal Justice (Drug Policy)

SB 537 revises Montana's marijuana tax revenue distribution, directing funds from the marijuana state special revenue account to new and existing state accounts. It requires transferring excess funds annually to specific accounts, including 12% to the HEART account for addiction treatment and mental health programs, 20% to wildlife habitat projects, and 14% to behavioral health initiatives. The bill also allocates funds for law enforcement canine training, sexual assault evidence kits, and homeless shelter support, while modifying existing transfer rules for agencies like the Department of Fish, Wildlife, and Parks. These changes apply to all state agencies receiving marijuana tax revenue under Montana law.

SB 132 revises laws for individuals under 21 years of age who possess or unlawfully attempt to purchase alcohol, marijuana, or other intoxicating substances. The bill creates separate crimes for these actions and establishes a tiered penalty system based on the offender's age and the number of prior offenses. Penalties include fines, community service, and mandatory participation in substance abuse information courses, with parents or guardians also required to complete courses for offenders under 18. Repeat offenders may face driver's license confiscation or suspension, chemical dependency assessments, and potential jail time for those 18 and older.

HB 50 protects parents and pregnant women with drug use disorder by preventing child welfare investigations or custody actions solely based on positive drug test results. It amends Montana law to shield individuals seeking treatment or prenatal care from criminal charges related to drug use, and prohibits using drug test results alone to initiate child abuse cases or remove children from homes. The bill directly affects pregnant women, parents, healthcare providers, and child welfare systems by ensuring medical care access isn't penalized. Key provisions include immunity for seeking overdose help and requiring medical evaluation as the primary factor in child welfare decisions.

SB 491 creates a new Sexual Assault Medical Forensic Examination Fund to cover costs for sexual assault evidence collection. It shifts responsibility from local law enforcement agencies to this state fund, requiring the fund to provide free evidence kits to medical facilities, reimburse providers up to $800 per exam, and support a secure electronic system for claims. The fund will be primarily financed by redirecting $800,000 annually from the marijuana fund (starting July 2025) to cover these expenses. The bill also amends related laws to clarify payment responsibilities and establish the fund, though it died in committee on May 23, 2025, and is not currently law.