Jacob Bell
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KALISPELL, Mont. – A second state judge has ruled Montana's medical marijuana law does not allow caregivers to transfer marijuana among themselves.
District Judge Stewart Stadler ruled the Montana Medical Marijuana Act clearly states that caregivers may provide marijuana only to qualifying patients, the Daily Inter Lake reported.
The ruling came Thursday in a lawsuit filed against Flathead County Attorney Ed Corrigan by the Medical Marijuana Growers Association. It could have implications for criminal cases filed against two men after a February traffic stop in which officers found three pounds of marijuana.
In making his ruling, Stadler granted Corrigan's request for summary judgment.
"All of plaintiffs' arguments are predicated on the assumption that the Act is ambiguous with respect to whom caregivers may and may not supply with marijuana," Stadler wrote. "No such ambiguity exists; rather, the clear and unambiguous language of the Act permits caregivers 'to provide marijuana only to qualifying patients who have named the applicant as caregiver.'"
Attorney Tim Baldwin, representing the Medical Marijuana Growers Association, had argued on July 6 that medical marijuana providers have a duty to provide for their patients, and that practically requires them to deliver, transport or transfer marijuana to another caregiver.
In April, District Judge John Larson ruled in a Missoula County case, saying the marijuana law prohibits a caregiver from providing marijuana to anyone other than a qualifying patient who is registered with that caregiver. That case is being appealed to the Montana Supreme Court.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: therepublic.com
Author: Associated Press
Contact: Contact Us
Copyright: The Republic
Website: A second judge in Montana rules against transfer of medical marijuana among caregivers
District Judge Stewart Stadler ruled the Montana Medical Marijuana Act clearly states that caregivers may provide marijuana only to qualifying patients, the Daily Inter Lake reported.
The ruling came Thursday in a lawsuit filed against Flathead County Attorney Ed Corrigan by the Medical Marijuana Growers Association. It could have implications for criminal cases filed against two men after a February traffic stop in which officers found three pounds of marijuana.
In making his ruling, Stadler granted Corrigan's request for summary judgment.
"All of plaintiffs' arguments are predicated on the assumption that the Act is ambiguous with respect to whom caregivers may and may not supply with marijuana," Stadler wrote. "No such ambiguity exists; rather, the clear and unambiguous language of the Act permits caregivers 'to provide marijuana only to qualifying patients who have named the applicant as caregiver.'"
Attorney Tim Baldwin, representing the Medical Marijuana Growers Association, had argued on July 6 that medical marijuana providers have a duty to provide for their patients, and that practically requires them to deliver, transport or transfer marijuana to another caregiver.
In April, District Judge John Larson ruled in a Missoula County case, saying the marijuana law prohibits a caregiver from providing marijuana to anyone other than a qualifying patient who is registered with that caregiver. That case is being appealed to the Montana Supreme Court.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: therepublic.com
Author: Associated Press
Contact: Contact Us
Copyright: The Republic
Website: A second judge in Montana rules against transfer of medical marijuana among caregivers
