There has been a lot of excitement by marijuana advocates in recent years over various state laws which have legalized the use of medical marijuana in their states. However, the enthusiasm over legalized use of marijuana for medical purposes is fading after a district court ruled that a Montana medical marijuana law does not shield cannabis dispensers from federal prosecution. Alicia Gallegos has reported for American Medical News "Medical marijuana distributors subject to federal prosecution despite state law."
Timothy Baldwin, an attorney for the plaintiffs has said the ruling will decrease the number of doctors who are willing to recommend medical marijuana to patients, as well as the number of entities that distribute medical cannabis. Baldwin has commented "The way the federal government has treated the industry in Montana and other states, it has caused people to become scared of being targeted for prosecution. That would include doctors." In 2004 Montana voters approved a measure to legalize medical marijuana. The Montana statute allows patients to use the drug with a written recommendation from a physician.
In 2011 a group of caregivers and marijuana growers and distributors sued the federal government after a raid by authorities confiscated marijuana plants and related equipment. It was claimed by the plaintiffs that the raids were unconstitutional because Montana law allowed them to grow and produce marijuana for medical consumption. They had insisted that the U.S. Dept. of Justice had said it would not actively prosecute medical marijuana caregivers. However, U.S. District Court Judge for the District of Montana Donald W. Molloy has said in a court opinion that even if the plaintiffs' alleged conduct was legal under state law, the conduct was illegal under the federal Controlled Substances Act.
Molloy has said "The federal government has never given a free pass to produce and consume marijuana, even for medical purposes. In the so-called Ogden Memo, the Dept. of Justice communicated to its attorneys that certain marijuana users and providers would be a lower priority for prosecution than others. ... But the department also made clear that it did not intend to 'legalize' marijuana." And so the judge threw out the plaintiffs' case, ruling that the raids did not violate their constitutional rights. And so the medical marijuana controversy remains heated with it appearing wise on the part of doctors to take a careful look at federal law before prescribing marijuana or face possible prosecution by the federal government.
