Medical Marijuana

Montana Court Rules Medical Marijuana Providers Can Start Helping More Patients Immediately

In an important new development in Montana, District Court Judge James Reynolds ruled Wednesday that medical marijuana providers may serve more than three patients starting immediately. This is welcome news to over 11,000 patients who may now re-establish critical access to medical marijuana. Without the ruling, severe limitations for patients would not have been removed until July of 2017. Following today’s decision, there is no need for delay.2000px-flag_of_montana-svg
Voters in Montana adopted I-182 in November, undoing many harmful provisions in the state medical marijuana law and creating new protections for businesses. Unfortunately, a typo contained in the measure suggested that providers could not re-establish their relationship with patients well into next year. The state would not simply correct the error, so the Montana Cannabis Industry Association (MTCIA), which supported the measure, sought relief in state court. Today’s ruling is yet another victory for patients and those who provide to them.
Special thanks to the MTCIA and their supporters for their hard work in support of the measure, and for taking the matter to court when relief was critical to thousands.

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Medical Marijuana

Montana Fights Back Against State, Federal Attacks on Medical Marijuana Patients

In an act of outright legislative interference, S.B. 423, “repeal in disguise,” promised to regulate but instead flouted voters’ wishes and cruelly and arbitrarily gutted Montana’s medical marijuana program, shuttering most providers and reducing the number of patients. By mid-August, the number of patients had dropped by 10% and only 1% of medical marijuana providers remained in business, leaving patients without access to medicine.

However, Montanans have fought back. First, the Montana Cannabis Industry Association got a judge to temporarily block implementation of part of the law. Even more excitingly, Patients for Reform — Not Repeal successfully collected enough signatures to put a referendum to overturn S.B. 423 on the November 2012 ballot! The Secretary of State confirmed that the referendum had already exceeded the minimum signature requirements, and organizers announced they collected more than 46,000 signatures. Kudos to the petitioners; we will keep you updated!

Sadly, another legislative move overturning the will of the people, H.B. 391, went into effect on Saturday. It is intended to overturn Missoula County’s Initiative 2, which made marijuana offenses the lowest law enforcement priority. As a result, local initiatives may not de-prioritize the enforcement of state law. Missoula County Attorney Fred Van Valkenburg, who pushed for the bill, says he will move forward with prosecution of marijuana misdemeanors.

Luckily, many Montanans are very upset by these attempts to overturn the will of the voters, and are lending support to the medical marijuana community. Even the Attorney General Steve Bullock is speaking out, although more so about the ATF announcing that it is illegal for medical marijuana patients to purchase or possess firearms.

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