Montana health officials say loophole allows out-of-state residents to get medical marijuana

By Matt Volz, AP
Friday, August 6, 2010

Out-of-state residents can get medical pot cards

HELENA, Mont. — Montana health officials say a person doesn’t have to live in the state to be on its medical marijuana registry.

Health officials discovered what they call a loophole in state law after reviewing plans to require medical marijuana applicants to have a Montana driver’s license or state-issued identification.

The new policy was to begin on Monday.

But Department of Public Health and Human Services spokesman Chuck Council said Friday that the state’s medical marijuana law is mute on the subject of legal residency. He says the department has no choice but to process out-of-state applications.

Council says the 2004 voter initiative that legalized medical marijuana in the state was intended for Montanans only, but the loophole has not been addressed by the Legislature.

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