May 12, 2011

Let the Weed Business Battle Begin: Lawsuit by Marijuana Dispensaries a Monumental Affair

Here’s an interesting development on the legal front: Two dispensary owners in Montana are suing the federal government over raids conducted earlier this year, claiming that the moves were unconstitutional, “exceeded the government’s authority and pre-empted the state’s medical marijuana law.”

Whoa. This is a big development. The legal landscape in the medical marijuana industry is getting more complicated, controversial and interesting by the day.

The article goes on to say that this might be the first lawsuit in the country targeting the government over the constitutionality of its crackdown on dispensaries in several states, including Montana, Washington and California. The moves – coupled with warning letters sent by U.S. attorneys to individual states – have roiled the industry and created a “chilling effect” in some regions.

We cannot overstate this next point: The lawsuit could have a monumental impact on the medical marijuana business, one way or the other.

This is the type of case that could set a legal precedent and make or break the industry. If the courts side with the government, it could open the door to an even bigger crackdown. If the dispensary owners come out on top, the industry might be able to solidify itself for the long run.

It is anyone’s guess how this will all play out. But of one thing you can be certain: It’s only a matter of time before dispensary owners in other states join the lawsuit or file their own.

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