Montana Supreme Court declines to intervene in 'usable' marijuana case

The Montana Supreme Court declined to step into the criminal case of a Montana medical marijuana patient who is challenging the possession limit statute.

The case of 65-year-old Wayne Steven Penning, who faces a felony count of criminal possession of dangerous drugs with intent to distribute, is still pending in Yellowstone County District Court.

In January, Penning had asked the Supreme Court to take over the case to consider his request to dismiss the charge. He argued that the medical marijuana statute, which limits cardholders to possession of one ounce of "usable" marijuana, is too vague. 

Penning was arrested for exceeding that limit in 2015 when a Montana Highway Patrol trooper stopped him with harvested marijuana from four of his plants. 

Penning argued that the marijuana was not fully dry and therefore not "usable."

Yellowstone County District Court Judge Rod Souza has declined to dismiss the case, saying that the...

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