A judge is blocking parts of Montana’s medical marijuana use law, not because of the marijuana, but because of too many restrictions.

The Montana marijuana law bans commercial for profit sales of marijuana.  Under the law marijuana is to be sold as a not for profit product, among many other restrictions.

Judge James Reynolds argued that Montana does not restrict any other business, so why marijuana?  “The court is unaware of and has not been shown where any person in any other licensed and lawful industry in Montana – be he a barber, an accountant, a lawyer, or a doctor – who, providing a legal product or service, is denied the right to charge for that service or is limited in the number of people he or she can serve.”

Reynolds also said the law made marijuana legal, and he sees no reason for all the restrictions placed on the law.  He argued that all the restrictions actually make it hard for people, who need it for medical use, to get it.

The law was passed by voters in 2004, but was overhauled by state lawmakers this year.  The new restrictions were supposed to go into effect on Friday.

The overhaul came after Federal officials conducted some raids, and came down on the state government.  Among those restrictions include a ban on advertising, limiting distributors to just three customers, and automatic investigations of doctors who prescribe marijuana to more than 25 patients.

The restrictions were immediately challenged in court.  Judge Reynolds did not block all the restrictions, just those he thought violated state and federal constitutional rights.