Montana Cannabis Industry Ass'n v. State

¶36 I dissent. In my view, this case does not present a justiciable controversy. As such, our only permissible course of action is to vacate the District Court’s decision and remand with instructions to dismiss the action. Even reaching the merits of the issues, however, I have concerns with the breadth of some of the statements in the Court’s Opinion. I address these two points in turn.

I. Justiciability

¶37 I discussed the question of justiciability vis-a-vis the medical marijuana laws in Med. Marijuana Growers Assn. v. Corrigan, 2012 MT 146, ¶¶ 31-40, 365 Mont. 346, 281 P.3d 210 (Nelson, J.,…