Montana Judge Rules Against Mmj Crackdown

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Jack Dupp

Jack Dupp

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Finally, a sensible judge.

http://mmjbusinessdaily.com/montana-judge-rules-against-mmj-crackdown/

Judge James Reynolds threw out bans on selling medical marijuana for profit and MMJ advertising, potentially opening up the state’s decade-old industry to new growth, according to the Great Falls Tribune.

Reynolds also tossed a restriction that limits MMJ providers to just three patients, as well as a provision that forces the state to tell the Board of Medical Examiners the names of any physicians who recommend marijuana as treatment to more than 25 patients in a given 12-month period.

That’s not all – Reynolds also dismissed portions of the law that prohibited those on probation or under the supervision of the Department of Corrections from obtaining MMJ cards. That move alone could generate hundreds, if not thousands, of new patients.


Potential good news for Montana farmers.
 
BakedReality

BakedReality

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Keep'in fingers crossed...

Did you see the Fed release of...no more Fed funds spent on raiding...etc...a list of states that are Medical....Montana was listed as one...I believe only 3 or 4 were not listed. This was passed while everyone was watching D.C. pass Rec..

Keep it Green!
 
hyzerflip

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This article is mistaken, the judge let stand the provision that prohibits anyone under the supervision of Dept. of Corrections from obtaining a card.

'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.'

http://stopthedrugwar.org/chronicle/2015/jan/05/montana_judge_blocks_medical_mar
 
sanvanalona

sanvanalona

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this appears to be good, shit its great considering what the state has been through in the past four years. I am sure that we can expect plenty of "unannounced" visits from law enforcement and the subsequent closure of at least a few stores because of this decision. So to my friends that are still out there in the Big Sky, please be careful and reread the new law as everything else other than the few provisions that Reynolds blocks still applies! Good Luck!
 
BakedReality

BakedReality

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This is copy and pasted from HT...



It seems the controversial $1.1T spending bill that is preventing the U.S. government from shutting down is chock full of surprises. As you may know, much to the dismay of marijuana activists and lovers of democracy everywhere, the bill smacked down Washington DCs referendum that legalized recreational marijuana in the nation's capital. What you may have missed (because those shifty politicians are doing everything under the table) is that the bill also quietly, but effectively lifted the federal ban on medical marijuana.
In the depths of the 1,603-page document is a provision that prohibits federal agents from raiding retail medical cannabis operations in states that have legalized medical cannabis. The passage represents "the first time in decades that the federal government has curtailed its oppressive prohibition of marijuana," the measure's co-author, Rep. Dana Rohrabacher, told the LA Times.
Though President Obama has generally favored this approach policy-wise, the passage of the bill also ensures that the next president can't backtrack and begin busting medical cannabis operations.
The full text of the measure reads as such:
"Sec. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana. Sec. 539. None of the funds made available by this Act may be used in contravention of section 7606 (``Legitimacy of Industrial Hemp Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration."
Important to note is that this legislation is fully in light of the fact that marijuana is considered a Schedule I drug with "no medical uses" by federal standards. Seeing as how logically this does not work, this folks, must represent the beginning of the end for marijuana prohibition -- especially from the point of view of Congress.
Now that there will be little threat of backlash from the federal government, it's time to lobby your state for the legalization of medical marijuana if you live in one of the 18 states where it is outrageously outlawed. No excuses. Onwards and upwards to completely legal, recreational and medical marijuana for all!

This is not a get out of jail free card tho....It doesn't mean the Fed's won't be involved people. However supposedly they can not bother you if you do everything right according to your state and you are not in the Fed's attention...hence starting an investigation...then them raiding and making up reasons why...

The main goal behind this was to actually close the door on D.C. rec before it opened...

Keep it Green!
 
Jack Dupp

Jack Dupp

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I'm glad to see the Fed will not budget any future raids, but it will not stop IMO. This plant represents freedom. Freedom scares our representatives.

I don't support legalization, as it really means heavy regulations. Washington State's I502 is a total joke and there are many reps who are trying to kill the medical program here. That will force many to go to the state run shops and settle for what they have.
Once they corner the market, will they raise the prices again? That is simple economics. i502 providers already pay 75% taxes to the state. They have to pass these fees onto customers.

I say decriminalize and let the market dictate who has the best product. Tax it like any other agriculture product if necessary.

The last thing we need is the people who were against it last year telling us how we should do it this year.

Sorry for the rant. I'm just a free-market dreamer. Ha!
 
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GrowGod

GrowGod

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Where is el loco! He's been battling with the folks up in Montana for years!
 
sanvanalona

sanvanalona

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Don't celebrate a thing in Montana. The omission of the ruling that allows unwarranted inspections puts providers in a very vulnerable position. The President of the Montana Cannabis association said recently the law is designed so you cannot be compliant. Expect Drug Task force agencies to head raids in Montana, it is already being planned, they have been waiting for this.

Also new bills are being introduced to shut down Montana medical marijuana altogether. And the Attorney general is taking the recent ruling to the Supreme Court to fight against providers being paid. His spokesman has already said so.
http://missoulian.com/news/state-an...cle_467d67ad-dde8-54f6-b74f-4b18735eff06.html
Yes!!! This is very true. The legislature is going to have another chance at dismantling the law so I'd expect some high profile cases to coincide with the legislature meetings like last time. Good luck folks, be careful and follow that law.
 
BakedReality

BakedReality

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We need to remember and support the bill running right beside this bill you speak of...it is to change the MT constitution to allow for regulations...on the path to make it Rec! This should be the battle at the voting stations 2016...the bill to make illegal is saying MT will recognize all Fed laws as right...this I can not see happening in MT. The other is to change the constitution wording to allow for regulations of weed in the state...to go Rec...they both pulled at the last second for the 2014 voting. Essman has been interviewed about the Judges ruling stating he is not interested in pursuing the dismantle...he said even with the Judge's ruling he accomplished what he set out to do...I don't think they will have the support with the likes of Essman and some others not there to attempt a dismantle again

I know this is not the time to discourage anything in MT...just be in the know and be in the right...

Which part of the law is designed to not be compliant...unless you looking thru the grey area? Although the unwarranted unannounced searches "inspections" are still allowed...this should not scare people...this is only a threat to those that are not complying. If you are gonna open up as a provider I would just assume you would be visited by any authorites...if you assume this and expect it why wouuld you not comply...Whatcha got to hide if compliant?

I do see a lot of regulations coming during this Legislative gathering...if that's on their immediate plate. Legislatures are also trying to dismantle the laws for Brewers currently...If they don't pick green or booze...I think they will be too thin...to put up a substantial fight...
 
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