Montana Supreme Court Mulls Medical Pot Sales Case
HELENA, Mont. (AP) — The Montana Supreme Court is being asked to decide whether people have a constitutional right to sell medical marijuana even though it is illegal under federal law.
State attorneys asked the justices Wednesday to rule a district judge mistakenly blocked part of a 2011 law that bans commercial sales of medical marijuana.
Judge James Reynolds last year ruled the ban on sales would harm people’s right to seek health care and providers’ right to pursue a livelihood.
Assistant Attorney General Jim Molloy argues that Reynolds used the wrong standard of review in determining that fundamental rights were involved.
Plaintiffs’ attorney James Goetz says the Legislature determined that marijuana is a medicine and now lawmakers are trying to deny access to that medicine.
The justices did not make an immediate ruling.