Jacob Bell
New Member
A District Court judge has scheduled a hearing for Aug. 5 to consider the validity of an emergency ordinance passed by the city of Billings that prohibits the storefront sales of medical marijuana.
Judge Gregory Todd set the hearing after granting a temporary restraining order requested by William M. Reid, who with other unnamed medical marijuana providers filed a lawsuit against the city earlier this month.
The temporary restraining order prevents the city from enforcing the emergency ordinance passed by the City Council on July 1.
The lawsuit alleges that the ban on storefront medical marijuana sales was not an emergency as defined by city codes. Such emergencies include "medical, law enforcement emergencies or urgent matters created as a result of fires, floods or natural disasters," it states. "Uniformly, an emergency is a serious unexpected and often dangerous situation."
The ban on marijuana sales does not constitute such an emergency, according to a brief submitted by Reid's attorney, Chris Lindsey.
Lindsey also argues in court records that the ban is "overly broad, and seeks to prohibit all business activity related to providing medical marijuana to qualified medical marijuana cardholders, in spite of a recent determination by a Montana court that such activity is a right under the Montana Constitution."
The Billings City Council began debating a ban on storefront medical marijuana sales after the 2011 Legislature passed a law creating strict restrictions on such businesses.
A lawsuit challenging the constitutionality of the new state law resulted in a judge striking several key provisions. But the judge did not alter a section of the law that authorizes local governments to prohibit storefront sales.
The emergency ordinance in Billings affects about 16 storefront businesses, the lawsuit filed by Reid alleges.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: billingsgazette.com
Author: Greg Tuttle
Contact: Contact Us
Copyright: The Billings Gazette
Website: Hearing set in marijuana lawsuit against city
Judge Gregory Todd set the hearing after granting a temporary restraining order requested by William M. Reid, who with other unnamed medical marijuana providers filed a lawsuit against the city earlier this month.
The temporary restraining order prevents the city from enforcing the emergency ordinance passed by the City Council on July 1.
The lawsuit alleges that the ban on storefront medical marijuana sales was not an emergency as defined by city codes. Such emergencies include "medical, law enforcement emergencies or urgent matters created as a result of fires, floods or natural disasters," it states. "Uniformly, an emergency is a serious unexpected and often dangerous situation."
The ban on marijuana sales does not constitute such an emergency, according to a brief submitted by Reid's attorney, Chris Lindsey.
Lindsey also argues in court records that the ban is "overly broad, and seeks to prohibit all business activity related to providing medical marijuana to qualified medical marijuana cardholders, in spite of a recent determination by a Montana court that such activity is a right under the Montana Constitution."
The Billings City Council began debating a ban on storefront medical marijuana sales after the 2011 Legislature passed a law creating strict restrictions on such businesses.
A lawsuit challenging the constitutionality of the new state law resulted in a judge striking several key provisions. But the judge did not alter a section of the law that authorizes local governments to prohibit storefront sales.
The emergency ordinance in Billings affects about 16 storefront businesses, the lawsuit filed by Reid alleges.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: billingsgazette.com
Author: Greg Tuttle
Contact: Contact Us
Copyright: The Billings Gazette
Website: Hearing set in marijuana lawsuit against city
