The Montana Supreme Court is set to start hearing oral arguments tomorrow in two separate challenges of the same medical marijuana ruling by District Judge James Reynolds last year.

Assistant Attorney General Jim Molloy is set to argue that District Judge James Reynolds improperly blocked that portion of the new medical marijuana law passed by the 2011 Legislature.

Meanwhile, the plaintiffs led by the Montana Cannabis Industry Association say that Reynolds should have gone further and blocked the entire law, not just the provision keeping marijuana providers from making a profit. They will ask the state’s high court to do so until their lawsuit can be heard.

The new law imposes limitations on who can access and distribute medical marijuana. The law was passed by the Republican-led Legislature after Gov. Brian Schweitzer vetoed a total repeal of the 2004 voter-approved initiative that brought medical pot to the state.

Whatever the Montana Supreme Court decides is likely to effect the medical marijuana in the state for years to come. It is a monumental case for patients in Montana, of which there are a dwindling number. Of course, we know that they didn’t suddenly get well, they just had their legal protections taken away.

Time will tell if the courts restore those protections.

Joe Klare

About The Author

Joe Klare has been writing about marijuana issues for the past 5 years online, in print and on air.