Montana is at the center of a debate about the future of its cannabis industry, and it all hinges on Senate Bill 443. This proposed legislation seeks to cap THC levels in marijuana products at 15%—a move critics warn could cripple the Montana cannabis market, push consumers toward the illicit market, and undermine the will of Montana voters who approved recreational marijuana legalization by a strong majority in 2020.
What is Senate Bill 443?
Senate Bill 443, introduced by Senator Greg Hertz, proposes a cap on THC levels, restricting all recreational marijuana products to 15% total THC. However, this cap would not apply to medical marijuana patients. According to Hertz and other proponents of the bill, the measure is necessary to address concerns about higher-potency cannabis and its potential link to mental health issues, particularly for young people.
While lawmakers are calling this public health measure, leading experts and advocates argue that SB 443 misses the mark—and it could carry serious consequences for Montana’s cannabis consumers, businesses, and the state economy.
Why This THC Cap is a Bad Idea for Montana Cannabis Industry
It Threatens Montana’s Cannabis Industry
The cannabis market is a major economic driver in Montana, generating over $350 million in revenue in 2024 alone. Capping THC at 15% would disproportionately harm local growers, processors, and retailers, as the majority of cannabis products currently exceed this limit.
“This is something that can’t be done overnight,” said Jackson Kajander via KTVH, a marijuana grower who said all of the strains he grows now test at above 20% THC, and that it would likely take him a year or more to get one ready to sell that would meet the requirement.
“If this bill passes, we will have nothing to sell that meets the 15% THC requirement, and the legal Montana businesses will go out of business,” he added. “7,000 people will lose their jobs.”
The result? A reduction in product variety, higher costs of production, and businesses struggling to stay afloat. This is not only bad news for entrepreneurs but also for the state as a whole, which risks losing significant tax revenue and economic momentum.
Capping THC Won’t Stop High-Potency Consumption
Restricting THC levels doesn’t stop consumers from seeking out higher-potency products—it just drives them elsewhere. Studies and industry experts point out that caps like those in SB 443 often push consumers toward the illicit market, where THC levels remain unregulated, and product safety cannot be guaranteed.
Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), highlighted the potential dangers of this phenomenon during public testimony. She warned that more consumers could resort to smoking larger amounts of low-potency cannabis to achieve their desired effects, increasing their risk of bronchitis and other health issues. A thriving illicit market would also undercut the very legalization goals Montana fought to achieve—safer products, reduced crime, and increased state revenue.
It’s a Betrayal of Voter-Approved Legalization
Perhaps the most frustrating aspect of SB 443 for cannabis advocates and consumers is how it undermines the will of the people. Montana voters approved recreational marijuana in 2020 with clear expectations for a regulated system that allows for safe access to a range of products. SB 443 disregards that democratic process, rolling back consumer choice and eroding trust.
According to public testimony and advocacy groups like NORML, imposing arbitrary restrictions like a THC cap signals a broader pattern of lawmakers seeking to undo voter-approved measures. This dynamic isn’t unique to Montana—it mirrors similar fights happening in other states, such as Ohio, where legislators are trying to roll back key provisions of cannabis legalization.
It’s Not Supported by Enough Scientific Data
Proponents of SB 443 cite studies linking high-potency cannabis to mental health risks, particularly for younger populations. However, broader scientific consensus on these claims is still lacking. Critics of the bill call for more nuanced public health initiatives—such as education campaigns or targeted protections for youth—rather than blanket bans that don’t address the root causes of misuse.
The Real Cost of Senate Bill 443
Adopting SB 443 would come at a heavy cost. Montana risks dismantling an industry that’s already well-regulated and providing significant economic benefits. By driving consumers to use more cannabis or seek out unregulated markets, the bill would ultimately fail at its stated goals of improving public health and safety.
Additionally, SB 443 lacks a fiscal analysis—a glaring oversight for legislation that could impact state tax revenue so profoundly. Careful regulation and economic foresight built Montana’s cannabis industry, but this bill blatantly disregards them.
Senate Bill 443 represents an unwarranted overreach into Montana’s cannabis industry. If you’re concerned about its implications, now is the time to act. Contact your local representative, support advocacy groups, and stay informed about legislative developments.
