Friday’s (Jan 20, 2012) ruling by U.S. District Judge Donald Molloy is a new blow to the reeling medical marijuana industry that has seen tougher state restrictions and a federal crackdown over the last year.

Molloy says those providing medical marijuana can be prosecuted under the federal Controlled Substances Act even if they are following state law. Judge Molloy cited the U.S. Constitution’s Supremacy Clause, which says that if there is any conflict between state and federal statutes, federal law prevails.

John Entwistle notes: This illustrates the problem of excessive local regulations and requirements such as taxes on marijuana sales when the federal authorities are cracking down on people who sell pot. Everything you file with the state to comply with local laws will be used against you in federal court. This applies to all states, not just Montana. In California we have a cabal of power mad “regulate & control” advocates who claim that more state level restrictions will protect us from the federal crackdown. This is completely false. A state level registry of people who are breaking a federal law is about as dumb as e-mailing a holdup note to your local bank telling them you’ll be right over to pick up the cash. Maybe even a little dumber because you are giving them your name and address at the same time as you detail the extent of your crime. As we keep saying, the only way out is Barney Frank’s Bill, HR 1983 – Reschedule and Protect State Medical Marijuana Programs.

Sources: http://www.nbcmontana.com/news/30279722/detail.html

& http://www.washingtonpost.com/national/health-science/judge-montanas-medical-marijuana-law-doesnt-shield-providers-from-federal-prosecution/2012/01/23/gIQAqBvgLQ_story.html