| Missoulian |
| U.S. District Court Judge Donald Molloy ruled on Friday that Montana’s medical marijuana providers can be prosecuted under federal law even if they are strictly following state law |
A federal judge has ruled that Montana’s medical marijuana program doesn’t shield providers of cannabis from federal prosecution.
The ruling by U.S. District Court Judge Donald Molloy on Friday is another blow to Montana’s medical marijuana industry, reports the Associated Press. Montana’s medicinal cannabis community was already on the ropes; in the past year, it has seen tough, new state restrictions, passed by the Republican-controlled Legislature, as well as federal raids by Drug Enforcement Administration agents.
Judge Molloy ruled that medical marijuana providers can be prosecuted under the federal Controlled Substances Act even if they are strictly following state law. He cited the U.S. Constitution’s Supremacy Clause, which says that federal law prevails if there is any conflict between state and federal statutes.
Several medicinal cannabis providers filed the civil lawsuit after more than two dozen of the businesses were raided by federal agents last year. The providers say those raids were unconstitutional.