Medical Marijuana: Montana Cannabis Under Fire From Feds

The Department of Justice's crackdown on California medical marijuana might be the most well known in the country, but it's worth paying attention to legal developments in Montana, where U.S. Attorneys are also doing battle with dispensaries.

As detailed by the Helena Independent Record, federal prosectors don't want suspects involved in medical marijuana sales to be able to use Montana state law -- which OKs curative cannabis -- as a legal defense.

So, they are trying to ban any mention of prescription pot -- and any talk of weed-legalizing state statute -- from this and any similar cases.

They counter that the case, which involves Helena-based Montana Cannabis, "is a straightforward matter of illegal drug distribution," the paper notes.

In a legal brief, in fact, U.S. Assistant Attorney Joe Thaggard argued: "The intertwined subjects of medical marijuana, Montana law, and medical necessity have no relevance to determining whether the government has proven the crimes charged in the indictment...Marijuana is a Schedule I controlled substance under federal law ... and can't be dispensed under a prescription."

Defense lawyers for Montana Cannabis' Chris Williams and Chris Lindsey dispute the feds' account and legal strategy.

They say that Williams and Lindsey started selling medical marijuana only after federal officials -- even President Barack Obama -- said that the issue was a "low priority for prosectors."

So, Williams and Lindsey argue, sudden Federal scrutiny constitutes as entrapment.

"It's unprecedented that the United States has filed a motion trying to prohibit a defense, but in these medical marijuana cases that's their line of thinking," Michael Donahoe, a federal defense attorney, said. "I want to be frank -- the government is wrong here. This was entrapment."

The U.S. District Court Judge handling the case, Dana Christensen, is currently trying to decide whether to allow mention of medical marijuana.

The trial is set to begin in late September.

Check back for updates.

Follow Victoria Bekiempis @vicbekiempis.

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* It only takes one juror to prevent a guilty verdict. 

* You are not lawfully required to disclose your voting intention before taking your seat on a jury.

* You are also not required to give a reason to the other jurors on your position when voting. Simply state that you find the accused not guilty!

* Jurors must understand that it is their opinion, their vote. If the Judge and the other jurors disapprove, too bad. There is no punishment for having a dissenting opinion.



"Looking only at the effects on the individual, there, is little proven danger of physical or psychological harm from the experimental or intermittent use of the natural preparations of cannabis."  "The actual and potential harm of use of the drug is not great enough to justify intrusion by the criminal law into private behavior, a step which our society takes only 'with the greatest reluctance."  - The National Commission on Marijuana and Drug Abuse March 22, 1972


The Federal Government should have followed its own recommendations in the first place. The Government is as wrong now as they were back then. Until that changes, no amount of heavy handed Justice Department actions or letters will make it right.


End the Federal prohibition on marijuana - stop the war on American citizens.

knowa1 topcommenter

A few years from now when the Lies Fraud and Scam of cannabis prohibition are finally exposed I think the DEA should be charged with Corruption and Treason


".Marijuana is a Schedule I controlled substance under federal law ... and can't be dispensed under a prescription."



The federal government supplies cannabis to Irv Roseneld. The "marijuana" is grown in Mississippi.

The us dept of health has a patent on cannabinoids or THC.



Both these sites have a lot of current info on cannabis.




Any Montana providers being persecuted should have protesters at the court house with signs Jurors will see the signs




Cannabis cures cancer



I could fill this blog up with the benefits of cannabis , it would not change a thing.

You cant graft a new idea on a closed mjnd,

people who hate marijuana have a list as well ,unfortunately most work for the US government and they really think they can control what people consume.





Trying to ban FREE SPEECH!!?? Wow the feds are really desperate.



Tips for becoming a stealth juror:  If you are called up to perform jury duty in a marijuana case, you will be asked by the prosecutor if you would convict someone for a marijuana offense.  Say "Maybe if the prosecutor can make a good case".  During jury deliberations, vote not guilty.  Do not give a personal reason for voting not guilty; just say that you don't think that the prosecution proved its case.  Your vote will result in a hung jury which will force the prosecutor to offer the defendant a better plea deal.  If enough marijuana cases end in hung juries, prosecutors will not bother to try these cases.  This strategy helped end alcohol prohibition.


 @dirtaddshp Marijuana prohibition relies on the gov violating the 1st, 4th, and 10th amendments to keep it going.


 @kevin_hunt its already working, I see a lot of settling in FED cases though ,10 yr minimums  scare people out of a jury trial.

A jury of my peers!

my peers wont convict 


 @kevin_hunt the "New World Order" relies on violating the constitution and all its "amendments"

we dont even have the right to remain silent anymore because to do so incriminates 1 self!

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