Lewis and Clark County District Court Judge Mike Menahan ruled that lawmakers may challenge Governor Gianforte’s veto of Senate Bill 442.
Gianforte vetoed the bill on the final day of the legislative session, but it was not read aloud in the Senate prior to lawmakers adjourning. That called into question whether the Legislature had the power to override.
Noah Marion is with Wild Montana, one of the groups that sued the state.
“We're happy that the court has decided to allow the Legislature to exercise their constitutional authority,” Marion said.
The bill redistributes marijuana sales tax money, spreading it among addiction recovery, and veterans services, allocating additional funding for conservation programs and county road maintenance. It passed with support from 86% of lawmakers.
Menahan’s decision says if the Legislature didn’t receive the veto message while in session, the governor and secretary of state “must follow the veto override procedures”.
A representative from the governor’s office said they are reviewing the judge’s decision and will evaluate next steps.
