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Senate committee recommends concurrence on HB49 to strengthen enforcement against synthetic cannabinoids
Summary
The Montana Senate Committee of the Whole recommended concurrence on House Bill 49, which expands investigative and enforcement authority related to synthetic cannabinoids and certain hemp-derived products; the motion passed on second reading, 47–3.
House Bill 49, which would broaden state authority to investigate and curtail sales of synthetic cannabinoids and some hemp-derived products, was recommended for concurrence by the Senate Committee of the Whole and passed on second reading.
Senator Hertz, the bill carrier, told the committee the language “strengthens our ability for investigations on unlicensed retail businesses that are selling synthetic cannabinoids, marijuana, naturally derived hemp products.” He said the measure adds rulemaking authority for the department to define and identify synthetic products and to prohibit certain acts such as storing synthetics.
The nut graf: supporters said the bill is intended to give Montana agencies clearer authority to enforce existing restrictions after implementation of House Bill 948 in 2023 left open enforcement questions; opponents raised practical concerns about online sales and enforcement reach.
Hertz said state agencies and local law enforcement need clearer investigatory tools: “To date, DOR, the cannabis control division is the only agency who is conducting investigations and issuing cease and desist orders out there for those individuals who are not following the law and who are not licensed.” He told senators the bill also responds to language clarified by a court decision in the First Judicial District.
Senator Novak asked whether expanded rules would simply push buyers to online sellers and whether other bills will address that channel. Hertz responded that online ordering is already illegal and said additional enforcement funding measures are coming in other bills.
There was no recorded amendment. The committee motion recommending concurrence was adopted. The clerk reported the vote as 47 senators voting aye and 3 voting nay; the motion to concur on second reading carried.
The measure instructs the executive branch to adopt rules to implement the statutory changes; the bill text covers Sections 1 through 9 and references prior legislative action on synthetic cannabinoid regulation in 2023.
