Judge Blocks Some Medical Marijuana Provisions
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Judge Blocks Some Medical Marijuana Provisions
Posted by CN Staff on January 03, 2015 at 17:03:48 PT
By The Associated Press 
Source: Associated Press
Helena -- A Montana judge permanently has banned enforcement of key provisions of the state’s medical marijuana law.District Judge James Reynolds of Helena on Friday permanently blocked several provisions, including the ban on the advertising of marijuana and the prohibition against commercial sale for profit of marijuana to people authorized to obtain it for medical reasons.
The provision against for-profit sales essentially meant that medical marijuana cardholders had to grow their own pot.Reynolds struck down provisions that restrict a medical marijuana provider from assisting more than three people licensed by the state to obtain legal pot or marijuana-infused products, again without them being able to be paid.The judge also ruled against a part of the law that required the state to provide the Board of Medical Examiners with the names of any physician who within a 12-month period wrote certifications for medical marijuana for 25 or more patients. Such notice would have required the physician to pay for an automatic review of his practices by the Board of Medical Examiners.The provisions that Reynolds struck down had never taken effect either because the judge earlier had blocked them or because the state had agreed not to enforce them.At the same time, Reynolds ruled in the state’s favor and refused to enjoin two provisions in the law that had been challenged.He let stand a provision allowing the state Department of Public Health and Human Services and state and local law enforcement agencies to make unannounced inspections of medical marijuana providers during normal business hours. Reynolds also blocked enforcement of another provision forbidding people under probation or under the supervision of the Department of Corrections from being able to obtain marijuana cards.The Montana Cannabis Industry Association and some individuals challenged the law shortly after its passage in 2011, contending it was unconstitutional.The Montana Attorney General’s Office has defended the law. Reynolds has ruled on it twice while the state supreme court has ruled on it once.Montana voters in 2004 passed an initiative that legalized the use of marijuana for people with certain medical conditions.The Legislature passed the restrictions in the 2011 law after seeing a vast increase in Montanans applying for medical marijuana cards starting in mid-2009. That’s when so-called “cannabis caravans” traveled the state, often providing cards to patients in five or 10 minutes after a brief consultation with a physician, often via the Internet.The number of medical marijuana cardholders ballooned from about 2,000 in March 2009 to a peak of over 31,500 in May 2011. By November 2014, more than 9,600 people had medical marijuana cards, according to the state Department of Health and Environmental Science.The Billings Gazette reports that it wasn’t immediately clear whether Montana Attorney General Tim Fox will appeal Reynolds’ decision. A spokesman said the attorney general’s office received the decision late Friday and was reviewing it.Attorney James Goetz of Bozeman, who represented the Montana Cannabis Industry Association and others, praised the decision.“It’s a pretty complete victory for us,” Goetz said. “Those are two tangential provisions that he upheld.”Source: Associated Press (Wire)  Published: January 3, 2015Copyright: 2015 The Associated PressCannabisNews Medical Marijuana Archives 
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Comment #6 posted by runruff on January 05, 2015 at 10:50:01 PT
Typing on my phone...
I look even less effecient than usual.
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Comment #5 posted by runruff on January 05, 2015 at 09:13:09 PT
Harvard Professor, very poor guesser 
My truth, may reality:I started smoking pot in May of 1964. I tended toward other pot smokers socially, and away from other drug users. Over the years I saw many of my associates, friends and relatives dying of over dose and long term breakdown of the bodies of habitual alcohol users. As for me, I have always enjoyed smoking as much pot as I could get for 5 decades, one half century. Among my peers I look 20 years younger. I am as active as any 40 year old. I cut split and haul all of my fire wood which is the only source of heat we use in the winter. I grow a huge garden and can food out of it and dry other foods for storage. I grow a very healthy crop of pot. I walk about 3 miles every morning with my Dear Wife and that takes about one hour. We go to concerts, take motor trips. I get a check-up once a year at the VA. The doctors always comment on my good health, clear lungs and youthful appearance. I tell them I eat right, exercise and smoke pot everyday. Two very hip doctors at different meetings offered his theory that regular pot smokers experience less stress in their lives and stress is the modern silent killer. Not one doctor advised me to stop smoking pot. One young fella said whatever I am doing keep it up! I do not need to tell you what my mind is like. You hear enough from to judge for yourself if I am of sound mind? I am working on my 5th book! I believe that having a "sheepskin" on your wall does not make one smarter. I have known many and am related to a few. I hate to say this but some of these matriculated geniuses wouldn't know how to brew a cup of instant coffee. I will bet my eye teeth that this guy was chosen. Hand picked and rewarded. May already be sunning himself in his new vacation home in Barbados! The feds have wacked and whaled on me for decades based on this criminal document the CSA. I have continued to use, grow, sell and give away pot for 50 years now. I have learned to hate the fed, to have no respect federal GOVERNMENT? I hope to live long enough to see a grand uprising by the people. If I am 90 I will be there! 
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Comment #4 posted by The GCW on January 05, 2015 at 04:31:46 PT
The Pioneering Way the First State on the East Coast Might Legalize Marijuana
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Comment #3 posted by The GCW on January 04, 2015 at 21:13:59 PT
Out of the closet, people are using cannabis.
Yellowstone sees rise in marijuana cases like what's happening. People are no longer denying it. Citizens smoke pot and there's nothing wrong with it. They're forcing cop dudes to choose to be rude, vile and just plain sick.The community which chooses to prosecute, ahem, persecute, ordinary citizens who choose to use the God-given plant, is just plain ridiculous and cannabis users are forcing them to show their idiocracy. -0-Cannabis and national parks naturally go together. No?
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Comment #2 posted by Hope on January 03, 2015 at 19:06:44 PT
No respect here. 
Feds stick to court argument that marijuana is dangerous
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Comment #1 posted by Hope on January 03, 2015 at 17:56:59 PT
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