Judge Rules Montana’s MMJ Program Doesn’t Protect Providers

 by lucy

A judge has ruled that Montana’s medical marijuana program does not protect providers of the drug from federal prosecution.

Last Friday, US District Judge Donald Molloy dismissed a civil suit filed by 14 businesses and individuals in the medical marijuana industry in Montana that had been raided by federal officials in 2010.

In the suit, the providers claimed the raids violated their constitutional rights, due to the fact that a 2004 law which was passed by Montana voters states that they are allowed to grow and provide marijuana to patients for medical purposes.

Judge Molloy ruled that although medical marijuana growing is legal in Montana, it is still in violation of the Controlled Substance Act– a federal law.  Judge Molloy explained that the supremacy clause in the constitution, which says that federal law supersedes state law if there is conflict between the two, applies in medical marijuana cases.

The individuals and businesses who filed the suit are planning to appeal the ruling to the 9th US Circuit Court of Appeals.

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