Is SB 423 Unconstitutional? Montana Courts Says Yes
Posted by Marijuana Doctors on 07/01/2011 in Medical Marijuana Laws
After a nail-biting court case, the Montana courts banned certain sections of SB 423. Our sister site, 420Petition.com reports on the ruling:
SB 423, the law that would all but repeal Montana’s medical marijuana law, was amended last night with a partial injunction thanks to the lawsuit launched by MTCIA. The entire law wasn’t halted, but District Court Judge James Reynolds made significant changes to many unconstitutional elements of the bill.
As Kate Cholewa, a lobbyist and member of MTCIA said, “The court decided that it may be unconstitutional to disallow compensation for medical marijuana growers, limit them to three patients, investigate physicians for making more than 25 referrals, and to ban advertising. As a result, these provisions are not going into effect.”
Judge Reynolds amended SB 423 so that:
• Providers can have more than 3 patients
• Doctors are not subject to investigations
• Providers may advertise
• Providers are not subject to warrantless searches
Another huge change is that even though caregivers were still eliminated as of midnight last night, growers can still run their medical marijuana businesses, but they must now register as “providers.” It’s imperative that growers and caregivers complete the necessary paperwork to become a registered provider. Here’s the application.
These unsavory features of SB 423 are halted temporarily until the MTCIA gets the needed number of signatures to stop the entire bill. They have until September 30th to turn in the signatures of 15% of registered voters in 51 of the 100 House districts. To get a new measure on next year’s ballot advocates need at least 24,337 signatures. Learn how you can help here: http://www.mtcia.org/referendum.