A judge just upended Montana’s limited medical marijuana law.
District Judge James Reynolds of Helena struck down provisions of the law that really made it legalization in name only. Namely, he said, sure, you can sell cannabis for profit. And he said you can advertise your pot business too.
The law basically limited legal medical marijuana to patients who could grow their own and perhaps a few others. For-profit sales were prohibited. And you couldn’t advertise your medical marijuana business, either.
The law said one “provider” could only serve three patients. Reynolds struck that down too.
The law said doctors who recommend medical marijuana 25 or more times a year would end up on a list of physicians that each year would come under review by the Board of Medical Examiners. The judge struck that down too.
We’re starting to like this guy.
Those under the supervision of the department of corrections couldn’t get medical marijuana. The judge said no to that, also.
But Reynolds did say that the state could make unannounced inspections of providers.
The voters of Montana passed medical marijuana more than 10 years ago, way back in 2004, but the legislature tacked on these restrictive rules with its own law in 2011.
In a statement, Montana Cannabis Industry Association President Mort Reid called the ruling a mixed bag. He urged providers to “proceed with caution.” He said:
If anything, the court ruling has left the providers in a more vulnerable position by allowing unannounced “inspections” by law enforcement. Drug task forces in some counties are being driven solely by a desire to seize the property and assets of legal marijuana providers.