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Judge Blocks Major Parts Of New Montana Medical Marijuana Law

The struggles District Court Judge James Reynolds was having with Montana’s new medical marijuana law have coalesced into a temporary injunction of major restrictions in the law.

Among the parts of the law that the injunction blocks is the provision against any profit being made from medical marijuana, the provision against growers even being reimbursed for their expenses, and the provision against caregivers growing for no more than 3 patients.

420times 000009852728XSmall 150x150 Judge Blocks Major Parts Of New Montana Medical Marijuana LawIn his 15-page ruling Judge Reynolds wrote, “The court is unaware of and has not been shown where any person in any other licensed and lawful industry in Montana — be he a barber, an accountant, a lawyer or a doctor — who, providing a legal product or service, is denied the right to charge for that service or is limited in the number of people he or she can serve.”

He said that these restrictions “will certainly limit the number of willing providers and will thereby deny the access of Montanans otherwise eligible for medical marijuana to this legal product and thereby deny these persons this fundamental right of seeking their health in a lawful manner.”

As flawed as our system of law may be in this country, this seems like a good time to point out that as Americans we have several avenues of redress for our grievances; something those living in many other countries cannot say. When politicians let us down, we still have the courts, and vice versa.

There is also the route of the ballot box, where Montana cannabis advocates are working on returning the issue of medical marijuana to the voters.

Politicians in Montana have attempted to overturn the will of the voters and sneak through a repeal bill in the disguise of an “overhaul” to “close loopholes.” It seems the courts aren’t going to stand for it, and I have a feeling the voters won’t either.

- Joe Klare

Filed Under: Best Of The BestExclusive Web ContentMedical Marijuana NewsPoliticsThe Law

  • http://www.momsformarijuana.com Theresa Knox

    Hooray for Judge James Reynolds!! That clause concerning no profit was bullsh*t intended to sneakily do away with medical marijuana in Montana… bravo for standing up for the rights of the patients AND the caregivers! Thank you Joe Klare for reporting– sharing this story!!

  • Lee Prew

    Every year each politician should be investigated and stand trial for all their outright criminal behaviour towards the supposedly free people they are elected to serve. Politicians seem to believe they can make up old any garbage and get it passed as law which is how we got to this position of marijuana prohibition in the first place. If it were up to the overstretched justice system I’m pretty damn sure marijuana would be legalised. Instead feckless bureaucrats decided unjustifiably that “drugs are bad mmmm’k”

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