No Right to Medical Marijuana, Says Montana Supreme Court

You don’t have the right to light ‘em up in Big Sky Country — that’s what the Montana Supreme Court says.

On Tuesday, the court held there is no fundamental right for the use of medical marijuana, or any drug that’s prohibited under federal law. In a 6-1 decision, the Montana Supreme Court reversed a lower court ruling that blocked enforcement of a state law to restrict access to medical marijuana.

“In pursuing one’s health, an individual has a fundamental right to obtain and reject medical treatment. But this right does not extend to give a give a fundamental right to use any drug, regardless of its legality,” Justice Michael Wheat wrote.

The court sent the decision back to the lower court, instructing it to use a “rational basis” instead of a “strict scrutiny” test to determine whether the law passes muster. The “Strict scrutiny” test places a heavier burden on a state to justify a law and requires a compelling state interest. A “rational basis” review is the lowest level of scrutiny a court can apply, and requires a law to be rationally related to a legitimate state interest.

– Read the entire article at The Wall Street Journal.


1 Comment

  1. cliff on

    The will of the voters means nothing to politicians and so-called judges. They will go to any length to stop freedom.