I have lived in Montana for over a year and have practiced law here for about the same time. I have handled various medical marijuana cases and have become familiar with the legal and political scenario regarding state and federal laws on medical marijuana.
During this time I have seen a most disturbing sign of our political condition, and it confirms what I have expressed for the past several years concerning state sovereignty verses federal usurpation.
Montana Medical Marijuana Laws
In 2004 the citizens of Montana overwhelmingly passed an initiative to legalize the medical use of marijuana. (Please, if you oppose legalizing marijuana, do not let the subject fog a clear understanding of the point of this article–personal views on morality is not the issue.)
Since then, the State legislature has essentially repealed that law and replaced it with another medical marijuana plan. Regardless of which marijuana law, the lawful use of marijuana for medical use remains.
Conflict with Federal Drug Laws
This state law is, of course, in violation of federal laws that outlaw all possession, manufacturing, growing, and use of marijuana. So, how does this conflict play out in the federal union of the United States? And what do the state and federal governments’ actions regarding the same reveal about this union’s condition?
Federal Prosecutions in Montana
Since early 2011, the federal government has initiated raids and prosecutions against Montana citizens for alleged violation of federal drug laws—in spite of Montana’s laws.
Federal agents focused their attacks on those who were doing business openly—using store front, public advertisement, incorporated registration, etc. This is significant given that the Feds claim they investigated these matters for “years”—it is comparable to investigating Wal-Mart for selling products made in China. Makes you wonder how proficient they are in tax-dollar use.
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