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Supreme Court to Weigh Commercial Marijuana Sales

Justin Sullivan, Getty Images
HELENA, Mont. (AP) — The Montana Attorney General’s office will make its case Wednesday to the state Supreme Court that the commercial sale of medical marijuana should be halted.

Assistant Attorney General Jim Molloy will argue that a district judge improperly blocked that portion of the new medical marijuana law passed by the 2011 Legislature.

Molloy argues that if the high court upholds Judge James Reynolds’ injunction, it will be the first appellate court to rule that medical marijuana restrictions violate patients’ constitutional rights.

The plaintiffs led by the Montana Cannabis Industry Association say Reynolds should have blocked the entire law from taking effect.

Their attorney, Jim Goetz, argues that the blocked provisions are so instrumental to the new law that the rest should not be allowed to stand.

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