BILLINGS – The state argues a Billings medical marijuana cardholder charged with possessing more than an ounce of undried marijuana can appeal a pre-trial ruling after the District Court case is decided.
Wayne Steven Penning sought to have the charge dismissed, arguing that humid marijuana does not fall under the state’s definition of usable marijuana and is not subject to the one-ounce possession limit. District Judge Rod Souza said that was an issue for a jury to decide.
Penning asked the Supreme Court to overturn Souza’s ruling, which Penning said effectively made it illegal for medical marijuana patients to harvest their plants without having to destroy most of their crop.
The Billings Gazette reports the state’s reply, filed March 1, says Penning’s issue is not an emergency and that there are some uses for humid marijuana.