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Montana’s Revised Medical Marijuana Law Survives Constitutional Challenge

The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter initiation. Montana Cannabis Industry Assn v. The State of Montana, 2016 Mont. LEXIS 168 (Feb. 25, 2016). The decision could benefit employers by limiting the availability of marijuana among persons not authorized to use it for medical purposes.

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