It looks like decriminalization in Montana is dead today, as the House Judiciary Committee voted on party lines, 9-9 (Democrats in favor, Republicans opposed) to move the bill forward, and a tie means it doesn’t move forward. HB 541 would have added this section to Montana law:
NEW SECTION. Section 4. Simple possession of marijuana as civil infraction — civil penalty — arrest prohibited. (1) A person commits the civil infraction of simple possession of marijuana if the person possesses not more than 30 grams of marijuana or any of its derivatives.
(2) A person found to be in violation of subsection (1) shall, in addition to any confiscation as provided by Title 44, chapter 12, pay a civil penalty of $50.
(3) A person believed to be in violation of only 45-10-103(2), subsection (1) of this section, or both may be issued a citation by the jurisdiction in which the person is believed to be in violation of subsection (1) but may not be arrested or taken to or booked into a detention facility. Identifying information relating to the person may not be entered into any manual or electronic database or recordkeeping system other than that necessary for the enforcement of this section.
(4) Upon issuance of a citation, the person believed to be in violation of subsection (1) may pay the civil penalty by mail or may elect to contest the citation at a time and place provided in the citation.
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There’s a chance the bill could be reconsidered. Local activists are urged to contact Rep. Wagner (R-Harrison) and urge him to reconsider.