Montana Judge Blocks Medical Marijuana Restrictions

Excerpt:

Judge James Reynolds yesterday ruled that many of the new law’s restrictions, including prohibitions on profit-making and advertising violate citizens’ constitutional rights.

The advertising prohibition, wrote the judge in his decision, “implicates substantial constitutional rights” for caregivers, and “advertising concerning [medical marijuana] cannot be banned consistent with first amendment principles.”

Judge Reynolds also said that Montana residents have a constitutional right to use medical marijuana, because the state clearly says, “Montana’s residents have a fundamental right to ‘seek their safety, healthy and happiness in all lawful ways.’”

Medical marijuana, therefore, “is a lawful means of seeking one’s own health under this provision.”


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