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State appeals judge's ruling on medical marijuana restrictions

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August 10, 2011

HELENA, Montana: On August 9, Montana appealed District Judge James Reynolds' decision blocking several provisions of a new law restricting the medical marijuana industry.[1]

The law in question limits the supplier of medical marijuana to three patients and makes it illegal to charge patients for the product.[1]

Judge Reynolds gave his reasons for blocking the ban on charging for marijuana and the limit on patients per provider. He said that the Legislature was making it hard for people “to obtain this legally authorized product” and that it conflicted with Montanans’ “fundamental right of seeking their health in a lawful manner.”[1]

Assistant attorney general Jim Molloy is leading the defense of the law. He says the state is concerned that Reynolds’ ruling implies the state constitution “protects the rights to sell marijuana for a profit.” On August 9th, Molloy stated, “We believe it’s necessary to have the Supreme Court determine the proper constitutional standards to be applied before the case moves forward to a full trial"[1]

Reynolds’ ruling will remain in effect while the Supreme Court considers the appeal.[1]

A petition drive to suspend the new law has been started by the medical marijuana industry and its supporters.[1]

Footnotes