Montana: Supreme Court Upholds Legislative Amendments To Medical Cannabis Law

Helena, MT: The Supreme Court has upheld a number of legislative amendments to the state’s voter-approved medical cannabis law.

Lawmakers passed legislation in 2011 to roll back the program, which voters initially approved in 2004. Those changes have been subject to legal challenges ever since.

Specifically, the Court upheld state-imposed restrictions barring any commercial advertising of medical cannabis products and prohibiting marijuana consumption by those on probation. The Court also upheld provisions mandating a state review of physicians who recommend cannabis therapy to more than 25 patients annually, and permitting law enforcement to engage in “warrantless inspections” of the premises of marijuana providers.

The Court struck down language barring caregivers from receiving remuneration for their activities. However, a majority of justices upheld separate language restricting licensed caregivers to provide for no more than two patients at one time.

Over 12,000 patients are presently registered in the state’s marijuana program.

The case is Montana Cannabis Industries Association et al v. Montana.

For more information, please contact Allen St. Pierre, NORML Executive Director, or Keith Stroup, NORML Legal Counsel, at (202) 483-5500.