Montana Dispensary Org Appeals to U.S. Supreme Court

Facing the closure of all dispensaries in the state, the Montana Cannabis Industry Association (MTCIA) on Thursday filed an appeal to the U.S. Supreme Court as part of a last-ditch attempt to negate a February ruling by the state’s highest court.

MTCIA spokeswoman Kate Cholewa said in a press release that the group’s argument is simple: The State Supreme Court erred in concluding that marijuana is “universally” illegal under federal law.

The appeal cites the same act of Congress – the Rohrabacher-Farr Amendment – that California’s Harborside Health Center used recently in negotiations with the Department of Justice in getting a four-year-old case against it dismissed. The provision prohibits the DOJ from using federal funds to interfere with state-level medical marijuana laws, including in Montana.

“Our attorney believes there has been a misapprehension of the federal position and so, accordingly, the U.S. Supreme Court should assume jurisdiction,” Cholewa said in the statement.

The Supreme Court may accept the case before it goes on recess in June, or may not decide whether to take up the case until it reconvenes in October, according to the MTCIA statement. However, SCOTUS has not displayed much interest in intervening in cannabis cases – in March, it declined to consider an inter-state lawsuit between the attorneys general of Nebraska and Oklahoma that targeted Colorado’s recreational marijuana law.

Last month, the Montana Supreme Court denied a request by the MTCIA to delay the implementation of its February ruling until mid-2017, and set an implementation date of Aug. 31, which means that’s the last day dispensaries can legally operate in Montana.

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2 comments on “Montana Dispensary Org Appeals to U.S. Supreme Court
  1. Clif Croan on

    If only they had been medically professional enough to document treatment and provide evidence based outcomes – then truly suffering patients wouldn’t, now, be denied a treatment alternative. Thanks for screwing the pooch guys !THIS IS WHY WE NEED PROFESSIONAL MEDICAL CANNABIS STAKEHOLDERS INSTEAD OF CARNIVAL PITCHES.


    Medical Marijuana Is Becoming All About the Money …Less About the Care. (Or, was it always that way ?):



  2. Don Morley on

    These judges should in my opinion remove themselves from the bench and public service. When they decided to abandon compassion and common sense they abandoned the most vulnerable, those who are suffering intractable pain, cancer patients, epilepsy and those facing there last few days with us. These patients are not the ones smoking on the court house steps or making money signing patients up on buses or any of the other atrocities that went on.
    I as a patient am fed up being punished because of poorly written laws and because someone else abused those laws. I am ashamed of a system that is unable to separate a patient from a criminal and therefore treats us as one.
    My family are now being forced too move to another state in order for me to be able to obtain the medicine I need. I do not want to move, I love it here. We cannot afford to move not to mention my physical condition.
    Please at least educate yourselves about cannabis before you needlessly and cruelly punish those who are suffering. Shame on you.

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