montana medical marijuana tom daubert
Medical Marijuana Policy

Montana Judge Blocks Medical Marijuana Restrictions

montana medical marijuana tom daubertBy Phillip Smith

A state district court judge last Friday dealt a hard blow to provisions of a restrictive state medical marijuana law passed by the Republican-dominated legislature seven years after Big Sky voters approved a more open initiative allowing for medicinal use and a wide open dispensary scene.

District Judge James Reynolds in Helena permanently enjoined the implementation of certain key provisions in the law. Those provisions have never actually taken effect because Reynolds blocked them with a temporary injunction back in 2011.

Reynolds blocked provisions that ban medical marijuana advertising, forbid the commercial sale of marijuana to authorized patients, restrict caregivers from growing for more than three patients, and require the state to report the names of doctors who recommended more than 25 patients for medical marijuana in a 12-month period to the state Board of Medical Examiners. That final provision would have triggered at automatic review of the doctor’s practices—at his own expense.

It wasn’t a total wipe-out for the legislature. Reynolds let stand a provision that allows police and the Department of Public Health and Human Services to inspect medical marijuana providers unannounced during regular business hours, and he also left intact a provision barring prisoners, parolees, and probationers from being able to obtain medical marijuana cards.

The Montana medical marijuana scene exploded in 2009, after it appeared the Obama administration would not interfere in medical marijuana states, resulting in a case of severe backlash after some players pushed the envelope with open public pot smoking and loosely-regulated “cannabis caravans” crisscrossing the state and offering recommendations over the Internet.

In 2011, the legislature moved to rein in the state’s Wild West medical marijuana industry. It first voted to repeal the medical marijuana law entirely, but that was vetoed by then Gov. Brian Schweitzer (D). The legislature then passed the bill tightly restricting medical marijuana; that bill became law without Schweitzer’s signature.

The Montana Cannabis Industry Association and some individuals sued to block the law. Now, they have succeeded in striking down key provisions—unless and until the state appeals and wins on appeal.

This is the second time Judge Reynolds has thrown out key provisions of the law. The first time, the state Supreme Court sent the case back to him, saying he should rule on it under “a rational basis” instead of the “strict scrutiny” he had applied earlier. Now he has.

“It is not the goal of this court to interfere with the Legislature’s slow and careful opening of the door to the use of medical marijuana,” Reynolds wrote. “It is the goal of this court, however, to ensure that everybody who could benefit from medical marijuana, and especially those with the most serious medically debilitating conditions, are able to travel through that door equally.”

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  • american46

    Conservatives should be in favor of more personal freedom and responsibility. It goes hand in
    hand with smaller government and less regulation. Individual liberties and rights should be protected and people should have the ability to do what they
    want as long as what they are doing does not cause harm to others or infringe on their constitutional rights. The beauty of this country should be the idea that if you don’t like something then don’t do it. Don’t want gay marriage? Don’t get one. Don’t like abortion? Don’t get one. Don’t like drugs? Don’t do them. Set what you might think is a good example but you do not have the right to make others the subject of your beliefs.

    • Brian Prewett

      Don’t want to take hormone supplements? Don’t sit in the chair that the person taking Androgel just sat in…

      • JohnS

        What’s your point?

  • Scott Eaton

    A picture of the Judge

    • been there

      I don’t think you realize that this a step FORWARD! This judge is blocking restrictions!!!! In other words he is making it easier for (at least) med patients to obtain their cannabis.

      • american46

        Some like ole Scott (above) think that if you are for freedom you are a Nazi. I don’t know how this happened, perhaps, too much TV before the age of 5.

        • been there

          Actually, I think there is a little confusion involved because of the way the original text was written (double, triple negatives etc.). I had to go through the original mess a couple of times to figure it out – and I aced the legal classes I took at university!
          Unfortunately, there will probably be others that misunderstand as well.
          I found a clearer account at ravallirepublic,com.
          No offence intended toward Johnny Green or Phillip Smith! You guys are still doing a great job bringing this kind of news out. Thanks

          • Sarijuana

            Montana Judge Blocks Medical Marijuana Restrictions – how can this be misunderstood?

          • been there

            By not reading the last word (restrictions). Too many people are in such a hurry that they don’t read all the way through. Having worked as a proofreader, I’ve run into this problem more times than I can count.

    • Sarijuana

      Oh Scott! I know you are a cannabis user from your other posts, but please re-read! This judge is on OUR side. He is blocking the marijuana RESTRICTIONS, not creating or supporting them. Please delete this awful image.

  • Brian Prewett

    We should implement the same restrictions on prescription drugs. 25 patients per doctor. Medications and treatments must be administered at the cost of production. Most prescription medication can be made by a high school kid with a chemistry set with a roll of quarters to buy raw materials with… Yet, they’re sold for $100 per pill that must be taken 3 times daily… It’d cut our government spending by billions per year.