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Judge Rules Federal Law Trumps Montana’s Votor-Approved Medical Marijuana Law


Montana medical marijuanaBy Steve Elliott of Toke of the Town

A federal judge has ruled that Montana’s medical marijuana program doesn’t shield providers of cannabis from federal prosecution.

The ruling by U.S. District Court Judge Donald Molloy on Friday is another blow to Montana’s medical marijuana industry, reports the Associated Press. Montana’s medicinal cannabis community was already on the ropes; in the past year, it has seen tough, new state restrictions, passed by the Republican-controlled Legislature, as well as federal raids by Drug Enforcement Administration agents.

Judge Molloy ruled that medical marijuana providers can be prosecuted under the federal Controlled Substances Act even if they are strictly following state law. He cited the U.S. Constitution’s Supremacy Clause, which says that federal law prevails if there is any conflict between state and federal statutes.

Several medicinal cannabis providers filed the civil lawsuit after more than two dozen of the businesses were raided by federal agents last year. The providers say those raids were unconstitutional.

Article From Toke of the Town and republished with special permission.


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  1. Re: Judge: Federal law trumps Montana’s medical pot law. (23 Jan. )

    What trumps federal law is the federal constitution.

    I claim the federal classification of marijuana as a controlled substance is arbitrary and violates due process of law. Marijuana does not meet all three criteria to be a controlled substance; potential for abuse, medicinal use and safety of use. Federal laws says safety of use determines medicinal use. Marijuana is safe to use without medical supervision. Marijuana is not dangerous or life threatening.

    I claim criminalizing marijuana is an unreasonable and unnecessary regulation of my fundamental rights to liberty, to property and to privacy and contravenes the 4th, 5th and 14th Amendments of the Constitution of the United States. http://www.ursm.us Criminal laws present a case or controversy under Article III. Being arrested is deprivation of liberty, seizing marijuana is deprivation of property, and a search warrant is an invasion of privacy.

    Due process of law requires the deprivation of fundamental rights be justified by a compelling state interest to show the law is reasonable and “necessary” to protect public safety. The private cultivation and sale of marijuana to adults does no threaten the rights of others. There is no victim of a crime.

    Every defendant in a motion to dismiss has standing to make these claims in court.

    Judges can’t do their job until lawyer do their jobs. It’s against a lawyers self interest $$$, to protect fundamental rights from unreasonable laws.

    Michael J. Dee
    Windham, Maine USA
    (207) 893-0287

  2. Citizens have to understand why they are failing and will continue to fail in the war between federal policy primacy and and the various state policies they have managed to get enacted. The courts have long concluded that federal policy has primacy over state laws, it’s a done deal. So whats to be done? The issue is about who the citizens chose to elect and hold accountable at the federal level. State policies with regard to medical marijuana, decriminalization, and efforts at full legalization have all started and concluded within the states legislatures. The only way that the countries drug laws will change is if the citizens of the states who have managed to enact reform in their states elect those willing to stand up for their wishes at the federal level. Without congressmen and women and senators willing to fight to enact federal change state laws and state freedoms will always be in a junior position to federal policy. Many of the states that have enacted change at the state level continue to elect federal level legislators that vote against their citizens wishes when it comes to drug policy. This is were the political action must take place, at the federal level. Plain and simple.

  3. Worldwide, tens of millions of people, both users and non-users, have either been killed, maimed, incarcerated or had their lives seriously disrupted. Prohibitionists are overwhelmingly responsible for an immense increase in violent crime, organized crime, international terrorism and official corruption. Add to all that, an AIDS Pandemic and a serious undermining of international security and development.

    Corporate greed and individual bigotry have accelerated us towards a situation where all the usual peaceful and democratic methods, which can usually be employed to reverse such acute damage, no longer function as envisaged by our Founding Fathers. Such a political impasse, coupled with our great economic tribulation, is precisely that which throughout history has often ignited extreme social upheaval and violent revolution.

    There appears to be just one last avenue left to us — Jury Nullification. If we choose not to use this peaceful means for change then a violent solution may be forced upon us:

    “To function as the founders intended, our republic requires that the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.”
    – Thomas Jefferson, in a letter to William Stephens Smith, November 13, 1787

    “Those who make peaceful revolution impossible make violent revolution inevitable.” – John F. Kennedy

    Jury Nullification is a constitutional doctrine that allows juries to acquit defendants who are technically guilty, but, due to their actions involving consensual adults only, do not deserve punishment. All non-violent ‘drug offenders’ who are not selling to children, be they users, dealers, and even importers, clearly belong in this category.

    If you sincerely believe that prohibition is both a dangerous and counter-productive policy, then you don’t have to help to apply it. When it comes to acquittals, you, the juror, have the very last word!

    *It only takes one juror to prevent a guilty verdict.
    * You are not lawfully required to disclose your voting intention before taking your seat on a jury.
    * You are also not required to give a reason to the other jurors for your position when voting – just simply state you find the accused not guilty.

    Create what you can no longer afford to wait for – PLEASE VOTE TO ACQUIT!

  4. Tiffanny Nicks on

    I have to say that to watch society sit back and lick the ass of the corporate bought government that rules us todasy is sad…our own founding fathers are rolling over in their graves watching this bullshit unfold…Did you know that George washington himself was a hemp farmer?…did you know that marijuana has more medicinal properties than any other substance on the market?…did you know that 57% of americans support legalization and those are only the ones that care to vote.did you know that THIS BITCH RIGHT HERE is ready to fight and die for her freedoms and ready to stand up to corporate america and say SUCK IT BITCHES WE THE PEOPLE ARE NOT GONNA TAKE IT ANYMORE!

  5. Wtf?!

    Federal is NEVER over state, state is NEVER over town, town is the PEOPLE.
    this is garbage and more fuel to the fire that will burn down New Rome!!!

    Water the tree of Liberty with the blood of tyrants!
    stand, fight, die for your freedom or crouch down to lick the hand that feeds you.
    Stand up sheep! Stop grazing!

    The wolves are a threat but the shepherd and sheepdogs are working together to lead us to slaughter.
    I’ll take the wolves, give me Liberty or give me death!

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