Montana (Not) Going To Pot

mariuana in MontanaThe Montana Supreme Court on Thursday upheld most new restrictions that the 2011 Legislature imposed on medical marijuana in the state in response to an explosion in the number of medical pot users.

In a 6-1 decision, the high court said the restrictions are a "rational response" by the state in the face of the drastic increase in medical-marijuana users from 2008-2010.

During that time, the number of users rose from about 1,000 to more than 25,000 and some businesses operated traveling "caravans" that quickly diagnosed people for maladies that could use medical marijuana.

The court did strike down the 2011 law's ban on medical-marijuana businesses charging for their product. But it left intact a provision that states medical marijuana providers can have only three clients.

The ruling also upheld a ban on advertising medical marijuana and other restrictions.

The Montana Cannabis Industry Association had challenged the law as an unconstitutional restriction on their business. Montana voters approved medical marijuana with a 2004 voter initiative, but the 2011 law essentially replaced that law.

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