Mont. Cannabis Indus. Ass’n v. State
Annotate this CaseThe district court granted a permanent injunction against the enforcement of certain provisions of the 2011 Montana Marijuana Act. The State appealed the grant of the injunction, and Plaintiffs cross-appealed the district court’s refusal to enjoin other provisions of the Act. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) erred in determining that the Act’s provision requiring the Department of Public Health and Human Services to notify the Board of Medical Examiners of any physician who certifies twenty-five or more patients in a year for medical marijuana fails rational review; (2) did not err in determining that the Act’s commercial prohibitions fail rational basis review; (3) erred in applying strict scrutiny review to the Act’s provision prohibiting advertising by providers of medical marijuana; (4) did not err in determining that the Act’s provision prohibiting probationers from becoming registered cardholders for medical marijuana use withstands a facial challenge under rational basis scrutiny; and (5) did not err in determining that the Act’s provision allowing warrantless inspections of medical marijuana providers’ businesses comports with constitutional guarantees against unreasonable searches.
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