Montana Judge Rules Woman Is Not Protected By Marijuana Permit

A Montana district judge ruled that a Montana woman who was growing and selling marijuana was not protected by the state’s medical marijuana law because she did not have a permit.

Summer Sutton Day was charged with production, possession and intent to sell marijuana earlier this year but she argued that evidence from a search and seizure should be suppressed because she received the proper registration shortly after the raid on her home, according to the Montana Standard.

District judge Loren Tucker ruled that Sutton Day now has the right to use and possess marijuana because she now has a permit. But the judge ruled that Sutton Day was not protected under the state’s medical marijuana law because she had not received the permit at the time of the raid.

Montana became the 10th state to pass a medical marijuana law when 62 percent of the state’s voters passed the law in 2004.

Patients must register with the Quality Assurance Division of Montana’s Department of Public Health and Human Services in order to obtain a permit for the growth and use of medical marijuana.

As of July 1st, 2008, the cost of registration for a medical marijuana permit in Montana is $50.

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