Photo: Jeffrey Beall via flickr
The Montana Supreme Court reversed a lower court’s decision and ruled Big Sky Country residents don’t have a fundamental right to light up a joint, even if it’s medicinal.The high court ruled 6-1 Tuesday that while you have every right to disregard medical treatment, that decision doesn’t give you the fundamental right to use medical marijuana, or any other drug prohibited under federal law, The Wall Street Journal’s Law Blog reported Tuesday.
The high court’s decision reversed a lower court’s ruling that temporarily blocked enforcement of a state law restricting medical marijuana access.
While a lawyer for the Montana Cannabis Industry Association admitted to the Missoulian that the state won the battle he said his group would ultimately prevail.
The case has been sent back to the lower court, which has been instructed to apply a less restrictive “rational basis” standard to the case – that is, the law has to be rationally tied to the state’s interest.
“So we will take that back to the District Court because this law is indeed not rational,” attorney James Goetz told the Missoulian. “I don’t see how any rational court could find this law rational.”
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