Montana v. Pirello
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Appellant Buddy Wade Pirello appealed a district court order that denied his motion to dismiss one felony charge of criminal possession of dangerous drugs. Appellant argued that the pending charges should be dismissed on the grounds that the hashish oil that led to his charges was legally possessed pursuant to the Montana Marijuana Act (MMA). On appeal, Appellant claimed that the MMA’s exception for "usable marijuana" necessarily includes the hashish for which he was charged because the term is defined as "any mixture or preparation of marijuana." Upon review, the Supreme Court concluded that hashish does not fall within a narrow exception to the MMA. Accordingly, the Court held that the District Court did not err in denying Appellant's motion to dismiss the charge of criminal possession of dangerous drugs.
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