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Montana Judge Upholds Legislature's Right to Override Governor's Marijuana Funds Veto

Lewis and Clark District Court Judge Mike Menahan ruled that the Montana Legislature must be afforded the opportunity to override Governor Greg Gianforte's veto of Senate Bill 442, which redistributed marijuana funds. The bill, sponsored by Sen. Mike Lang, received significant bipartisan support during the 2023 legislative session, with 130 out of 150 legislators voting in favor. Menahan criticized Gianforte and the secretary of state for obstructing the legislative process by preventing lawmakers from exercising their constitutional authority to override the veto. He emphasized the importance of maintaining the balance of power between the executive and legislative branches and ensuring the completeness of the lawmaking process.

Menahan's ruling underscores the imperative for timely action, especially as the 2025 legislative session approaches. The judge emphasized that delaying resolution on the status of SB 442 could impede advocacy efforts and hinder the effective functioning of the political process. The decision was hailed by plaintiffs, including Wild Montana, the Montana Wildlife Federation, and the Montana Association of Counties, who have been advocating for the legislature's right to override the governor's veto. They expressed relief that the court affirmed the legislature's constitutional authority and criticized Gianforte's attempts to undermine it. The ruling signifies a victory for the principles of separation of powers and underscores the accountability of elected officials in upholding constitutional mandates.


Title: Montana Judge Rules That Lawmakers Should Have Chance To Override Governor’s Marijuana Revenue Bill Veto Website: Marijuana Moment URL:


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