The Injunction is Back!

January 16, 2013

In a decision handed down late today, Judge Reynolds in MTCIA et al., v. State of Montana, ordered that a preliminary injunction should again be in place in order to protect medical marijuana patients from irreparable harm.

This means that medical marijuana providers may (1) have more than 3 patients and (2) receive compensation for their service. The specific parts of the current medical marijuana law that have been BLOCKED by the court order are as follows:

50-46-308, MCA
(3) (a) (i) A provider or marijuana-infused products provider may assist a maximum of three registered cardholders.
(ii) A person who is registered as both a provider and a marijuana-infused products provider may assist no more than three registered cardholders.
(b) If the provider or marijuana-infused products provider is a registered cardholder, the provider or marijuana-infused products provider may assist a maximum of two registered cardholders other than the provider or marijuana-infused products provider.
(4) A provider or marijuana-infused products provider may accept reimbursement from a cardholder only for the provider’s application or renewal fee for a registry identification card issued under this section.
(6) A provider or marijuana-infused products provider may not:
(a) accept anything of value, including monetary remuneration, for any services or products provided to a registered cardholder;
(b) buy or sell mature marijuana plants, seedlings, cuttings, clones, usable marijuana, or marijuana-infused products.

A link to a copy of the order is below.

Other portions were previously blocked and those continue in place, including the prohibition on advertising and the mandatory investigation of doctors who make more than 25 medical marijuana recommendations per year.

This is outstanding news. DPHHS will NOT be sending notice out to approximately 5500 patients that they need to grow their own. Our attorneys Jim Goetz and Devlan Geddes have, again, done an amazing job protecting the rights of Montana’s patients and those who provide to them.

THANK YOU to all the supporters out there who have made this possible through your donations. You have done the patients in our state an incredible service through your faith in the MTCIA, our attorney and the case against the state.

We would also like to thank, posthumously, Lori Burnam, who made the long journey to Helena to testify on our behalf. She brought the courtroom to tears, and I have no doubt her testimony made a big impression on the judge. I will say it again, thank you Lori.

Chris

Order on Preliminary Injunction