Posted: Jan 23, 2012 4:53 PM by Dennis Bragg (Missoula)
Updated: Apr 6, 2012 6:20 PM
U.S. District Court Judge Donald Molloy of Missoula says that medical marijuana businesses targeted in federal raids last year have failed to prove that the crackdown was illegal under Montana law.
The ruling comes 10 months after more than a dozen businesses and individuals were raided in Kalispell, Missoula, Helena and other towns across the state as federal law enforcement targeted medical marijuana providers.
The growers and providers had filed the civil suit in an effort to block criminal prosecution. They claimed that the raids were illegal because Montana law provided exemptions for medical marijuana sales and use.
They had also argued that the U.S. Department of Justice had previously directed prosecutors to give a "lower priority" to medical marijuana cases in the so-called "Ogden Letter."
But in the ruling issued on Friday, Molloy said the "plaintiff's claims fail on all counts."
Molloy said that even if the operations were legal under Montana law, they still violated the federal Controlled Substances Act, pointing out that "the federal government has never given a free pass to produce and consume marijuana, even for medical purposes."
Molloy completely rejected the growers' arguments that the raids had violated their constitutional rights.
Shortly after the raids, the Montana Legislature rescinded the voter-approved initiative allowing medical marijuana use.
The future of those rules is still before the Montana Supreme Court and not directly impacted by Molloy's ruling.
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