City of Missoula v. Shumway
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The Supreme Court affirmed Defendant’s convictions for two counts of criminal possession of drug paraphernalia, holding that Defendant was not entitled to a protection from prosecution through the Montana Marijuana Act (MMA) exception under Mont. Code Ann. 45-10-103 and that sufficient evidence supported Defendant’s convictions.
The municipal court held that Defendant needed to show proof that she had a valid registry card before the statute’s MMA exception could apply to her, but Defendant offered no such proof. The municipal court then found Defendant guilty of two counts of criminal possession of drug paraphernalia. The Supreme Court affirmed, holding (1) because Defendant failed to show she possessed a registry card and was in compliance with the MMA she was not entitled to a protection from prosecution through the MMA exception; and (2) sufficient evidence supported Defendant’s convictions.
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