Posted: Jun 30, 2011 5:37 PM by Jill Valley (KPAX News)
Updated: Jul 1, 2011 7:13 AM
HELENA- A judge in Helena has handed down his decision on the medical marijuana law that is set to go into effect at midnight.
It appears at first blush that the law will stand, but won't be quite as restrictive as the Legislature made it when it was passed.
District Court Judge James Reynolds had several constitutional issues with the law the legislature wrote up. He says for now, marijuana providers can advertise as part of their First Amendment rights.
Those dispensaries are protected by the Fourth Amendment rights against unreasonable search and seizures and for now, providers can be allowed to profit from the sale of medical marijuana, which was also a constitutional issue for the judge, since the state has made medical marijuana legal.
Reynolds said in his ruling that the "preliminary injunction shall stay if effect until further order of the Court".