Legal

For the past five years, the MTCIA lawsuit against the state of Montana has preserved medical marijuana access in Montana.

The legal battle over Montana’s 2011 medical marijuana law has been waged since passage of SB 423 which wiped out medical marijuana access in Montana. As soon as the 2011 legislature adjourned, the MTCIA filed a lawsuit to stop the law from going into effect. Several provisions of the law were enjoined by the court and the program, and medical marijuana access, has been able to limp along.

However, in February of 2016, the Montana Supreme Court sided with the state. The MTCIA filed a motion to postpone their decision and was partially successful. The Montana Supreme Court decision is slated to go into effect August 31, 2016.

But we have not given up. In May of 2016, the MTCIA filed a brief with the U.S. Supreme Court to appeal the Montana Supreme Court decision. SCOTUS recesses at the end of June. By then, they may choose to accept it, dismiss it, or do nothing.

Meanwhile, the MTCIA is spearheading an effort to replace the 2011 law with a new medical marijuana law through a citizens’ initiative, I-182. We are currently collecting signatures to secure a place on the November ballot.