420 Magazine Background

Montana Law Sparks Legal Actions

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
In Montana, the 10-day waiting period for Gov. Brian Schweitzer to either sign or veto the state's new prohibitive marijuana bill passed on Friday the 13th. As expected, the governor allowed Senate Bill 423 to become law without his signature, which incited the state's medical marijuana advocates into action.

On Friday afternoon, attorneys for the Montana Cannabis Industry Association (MCIA) filed a motion in 1st Judicial District Court in Helena, Mont., for a preliminary injunction to stop implementation of the statute pending a trial, according to the brief.

The brief states that the "Montana Medical Marijuana Act's Amendments [SB 423] unconstitutionally intruded into the sanctity of the doctor-patient relationship" by requiring an investigation of any physician issuing more than 25 patients. It says the amendments treat patients as "second-class citizens" and "more harshly than black market users," and deny patients "equal protection under the law."

The association also says in the brief that a total ban on advertising of marijuana products and services infringes on constitutional rights of free speech.

District Court Judge James Reynolds granted a temporary restraining order to prevent enforcement of the advertising ban, effective Friday at midnight, according to Devlan Geddes, of the law firm Goetz, Gallik & Baldwin in Bozeman, Mont. He said a decision on the motion is expected before July 1, when the law goes into effect.

On Thursday, the MCIA filed a referendum proposal with the secretary of state, according to a statement from the advocacy group, Patients and Families United. The proposal must be reviewed by the attorney general's office before a petition is approved and the signature process can begin. Should the requisite number of signatures be gathered, SB 423 would be nullified and would appear on the 2012 general election ballot for rejection or endorsement.

NewsHawk: Jim Behr: 420 MAGAZINE
Source: mjbusinessreport.com
Copyright: 2011 DealFlow Media, Inc.
Contact: Contact DealFlow Media
Website: Montana Law Sparks Legal Actions
Top Bottom