What is the scope and proper application of rational basis review in Montana? Does the Montana Marijuana Act’s (MMA) commercial prohibition on marijuana providers (limiting them to 3 patients and prohibiting any sale of marijuana) satisfy rational basis review? Does the MMA’s 25 patient physician review trigger (an automatic review of the standards of any doctor who certifies more than 24 patients per year) satisfy rational basis review? Does the MMA’s provider advertising ban unconstitutionally infringe on protected free speech? Does the blanket ban on probationer access to medical marijuana satisfy rational basis review? Does the warrantless provider search provision (permitting state inspectors to enter and inspect provider premises) infringe on right to privacy?
Luc Brodhead, Oral Argument Preview, Montana Cannabis Industry Association v. State: Feeling the Effects of Medical Marijuana on Montana’s Rational Basis Test, 76 Mont. L. Rev. Online 178, https://scholarship.law.umt.edu/mlr_online/vol76/iss1/22.