Need help

[smokinmama]

Hi I am writing on behalf of my caregiver. We live in MT and he is being threatened that he will have to move his "business" and he has seen no money as of yet, which we feel shows he is not a business, out of town limits. Does he have any grounds to sue our small city (pop 300)? Can they make him move? Is this a breech of his confidentiality of patients which is clear in the law it protects patients? Please someone help. Should he contact a lawyer?

We need help.

Shar

 

[HB Rob]

Always consult a lawyer if you feel your rights aren't being upheld. That said, a business doesn't have to be making money to be considered a business.

From I-148:

"NEW SECTION. Section 4. Medical use of marijuana -- legal protections -- limits on amount -- presumption of medical use.

(1) A qualifying patient or caregiver who possesses a registry identification card issued pursuant to [section 3] may not be arrested, prosecuted, or penalized in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a professional licensing board or the department of labor and industry, for the medical use of marijuana or for assisting in the medical use of marijuana if the qualifying patient or caregiver possesses marijuana not in excess of the amounts allowed in subsection (2).

(2) A qualifying patient and that qualifying patient's caregiver may not possesses more than six marijuana plants and 1 ounce of usable marijuana each.

(3) (a) A qualifying patient or caregiver is presumed to be engaged in the medical use of marijuana if the qualifying patient or caregiver:
(i) is in possession of a registry identification card; and
(ii) is in possession of an amount of marijuana that does not exceed the amount permitted under subsection (2). (b) The presumption may be rebutted by evidence that the possession of marijuana was not for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition."