William Stoianoff D/B/A the Joint Effort, Plaintiff-Appellant/cross-Appellee v. State of Montana, Defendants-Appellees/cross-Appellants

TUTTLE, Circuit Judge:

This appeal involves a pre-enforcement facial challenge to the constitutionality of the Montana Drug Paraphernalia statute, M.C.A. §§ 45-10-101 et seq. The district court for the District of Montana found unconstitutional that portion of the “head shop” statute prohibiting the advertising of drug paraphernalia and upheld the constitutionality of the remainder of this statute. We vacate that portion of the district court’s decision striking down the advertising prohibition, M.C.A. § 45-10-106, because the plaintiff lacks standing to assert this claim, and affirm the other…