Montana Supreme Court Clarifies that Caregiver to Caregiver Transactions are Illegal

 by lucy

Last week in a 5-0 decision, the Montana Supreme Court justices upheld a lower court ruling which forbids caregivers from selling marijuana or their growing services to other caregivers, contractors, and their agents.

The ruling was in favor of the Flathead County Attorney’s Office in a case filed by the Medical Marijuana Growers Association and two couriers, as well as three caregivers.  The couriers had been charged in criminal cases with possession and intent to distribute marijuana, and for delivering marijuana on behalf of caregivers.

They then asked a judge to declare that Montana’s Medical Marijuana Act allows caregivers to deliver and transfer marijuana and cultivation paraphernalia to other caregivers via an agent.

Under Montana state law, caregivers, referred to technically as providers, must be registered with the state.  They can sell marijuana directly to patients who hold medical marijuana cards.

The court disagreed with the caregivers’ request, however, stating that the language of the 2009 medical marijuana law made it clear that it is illegal for caregivers to conduct transactions with other caregivers.

According to Justice Patricia Cotter, “The 2009 MMA does not provide for the transfer of marijuana or paraphernalia from caregiver to caregiver or among their agents, nor is there a provision allowing for a caregiver to cultivate marijuana for other caregivers or for their agents or contractors.”

She added, “We will not read or insert these provisions into the statute.  We find that the specific provisions that a caregiver may provide marijuana only to qualifying patients specifically prohibits the privileges and declarations that the plaintiffs seek.”

Montana’s medical marijuana law was revised in 2011 to provide clarifications, but this ruling eliminates another gray area in the law.

This November, a measure will be on the general election ballot that would revert Montana’s medical marijuana law back to its original version from 2009.




4 Responses so far | Have Your Say!

  1. 4

    Mike-420 said on Jul 13, 2012

    This is just so much bullshit why are there so many fucking hoops related to smoking pot for christ sake.. Its becoming easyer for kids to get perscription DRUGS then it is to get any GOOD grade of marijuana …and yet people who actully need it and the people who try and get it to those in need suffer…

    How fucking ass backwards is this country going to keep being before we as the people of this nation stand up and do something about it.

    • 1

      checkspell said on Jul 13, 2012

      the simple answer is greed

      for a more drawn out explanation i would suggest watching "zeitgeist" if you already have not

      the second movie in the series gives a great breakdown of our monetary system/world.

      highly recommend them to all who have thought to themselves "why is the world so fucked up?"

      here is the money breakdown excerpt…

      all three movies in the series are found for free here

      enjoy your life!

  2. 0

    Nadroj said on Jul 13, 2012

    Dont you guys worry, Well get our old MMJ laws back and everyone will have a card again… and hopefully we decriminalize the shit completely here under CI-110…

  3. 0

    Nadroj said on Jul 13, 2012

    And yes i signed the petition being the registered voter i am :)

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