Montana Cannabis Industry Ass'n v. State

¶ 1 The State of Montana (“State”) appeals from an order preliminarily enjoining parts of the Montana Marijuana Act, § 50-46-301 et seq., MCA. Montana Cannabis Industry Association, Mark Matthews, *226Shirley Hamp, Shelly Yeager, Jane Doe, John Doe #1, John Doe #2, Michael Geci-Black, John Stowers, Point Hatfield, and Charlie Hamp (collectively “the Plaintiffs”) cross-appeal from the same order. We reverse and remand.

BACKGROUND

¶2 In 2004, Montana voters approved the use of medical marijuana through the passage of 1-148, the Medical Marijuana Act. The 2004 Medical Marijuana Act left in place those…