Rairdan v. State
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The Supreme Court affirmed the order of the district court denying Petitioner's petition to expunge or redesignate as a civil infraction his charge of felony criminal production or manufacture of dangerous drugs, holding that the district court did not err by denying Petitioner's petition to expunge his felony charge of criminal manufacture of dangerous drugs.
At issue before the Supreme Court was whether the actions that led to Petitioner's 2002 marijuana charge were permitted under the Montana Marijuana Regulation and Taxation Act (MMRTA), which allows for the legal possession and use of limited quantities of marijuana for adults, thus entitling him to expungement or predesignation of the charge as a civil infraction. The Supreme Court affirmed, holding that Petitioner did not qualify for expungement under the MMRTA because he did not have the landowner's written permission to grow marijuana on the property, as required by the MMRTA.
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