Jackson Lewis: Montana's Revised Medical Marijuana Law Survives Constitutional Challenge | Practical Law

Jackson Lewis: Montana's Revised Medical Marijuana Law Survives Constitutional Challenge | Practical Law

This Law Firm Publication by Jackson Lewis P.C. addresses Montana Cannabis Industry Ass'n v. Montana, in which the Montana Supreme Court upheld the 2011 Montana Marijuana Act, a statute through which the state has attempted to limit illegal abuses of the 2004 Medical Marijuana Act. The court found constitutional several challenged prohibitions, including a provision requiring the Department of Health and Human Resources to notify the Board of Medical Examiners of any physician who certifies 25 or more patients for medical marijuana in one year, a provision allowing marijuana providers to assist a maximum of three registered patients, and a prohibition against providers advertising marijuana or marijuana-related products. However, the court found unconstitutional a prohibition against providers receiving compensation for medical marijuana-related products or services. The decision generally may help employers by sustaining most of a law that reduces avenues for marijuana abuse.

Jackson Lewis: Montana's Revised Medical Marijuana Law Survives Constitutional Challenge

by Jackson Lewis P.C.
Published on 16 Mar 2016Montana
This Law Firm Publication by Jackson Lewis P.C. addresses Montana Cannabis Industry Ass'n v. Montana, in which the Montana Supreme Court upheld the 2011 Montana Marijuana Act, a statute through which the state has attempted to limit illegal abuses of the 2004 Medical Marijuana Act. The court found constitutional several challenged prohibitions, including a provision requiring the Department of Health and Human Resources to notify the Board of Medical Examiners of any physician who certifies 25 or more patients for medical marijuana in one year, a provision allowing marijuana providers to assist a maximum of three registered patients, and a prohibition against providers advertising marijuana or marijuana-related products. However, the court found unconstitutional a prohibition against providers receiving compensation for medical marijuana-related products or services. The decision generally may help employers by sustaining most of a law that reduces avenues for marijuana abuse.