January 23, 2012

Judge Rules Federal Law Trumps Montana’s Votor-Approved Medical Marijuana Law

January 23, 2012
Montana medical marijuana

Montana medical marijuanaBy Steve Elliott of Toke of the Town

A federal judge has ruled that Montana’s medical marijuana program doesn’t shield providers of cannabis from federal prosecution.

The ruling by U.S. District Court Judge Donald Molloy on Friday is another blow to Montana’s medical marijuana industry, reports the Associated Press. Montana’s medicinal cannabis community was already on the ropes; in the past year, it has seen tough, new state restrictions, passed by the Republican-controlled Legislature, as well as federal raids by Drug Enforcement Administration agents.

Judge Molloy ruled that medical marijuana providers can be prosecuted under the federal Controlled Substances Act even if they are strictly following state law. He cited the U.S. Constitution’s Supremacy Clause, which says that federal law prevails if there is any conflict between state and federal statutes.

Several medicinal cannabis providers filed the civil lawsuit after more than two dozen of the businesses were raided by federal agents last year. The providers say those raids were unconstitutional.

Article From Toke of the Town and republished with special permission.

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