JUDGE RULES AGAINST INJUNCTION

State District Judge Thomas McKittrick ruled against three
medical-marijuana patients who asked for a preliminary injunction
against the city of Great Falls' medical marijuana ban.

Three Great Falls men with severe health problems - Algy Thain, David
Sears and Kraig Jackson - contended the city effectively banned all
medical marijuana activity in the city limits earlier this year,
contrary to the state's medical marijuana law.

In his ruling last week, McKittrick conceded an injunction would be
"an appropriate remedy for the case at bar because plaintiffs may face
continual pain and suffering" if the June 1 ordinance actually did ban
cultivation of medical marijuana and caused their sources of medicine
to dry up.

However, McKittrick ruled Oct. 19 it would be difficult for the
plaintiffs to show the city does not have the power to enact such an
ordinance. The judge also wrote that the three men could obtain
marijuana grown out of the city limits, and said the trio could switch
caregivers if necessary to obtain the marijuana they needed.

McKittrick added the plaintiffs failed to show that the city was
enforcing the ordinance or threatening to do so.

The judge said "the court does not find any ground on which to grant
the preliminary injunction."

Great Falls City Attorney Jim Santoro indicated Friday the city
appreciated the ruling.

"There is (marijuana) prohibition in the city of Great Falls and there
will be full enforcement," Santoro said.

Plaintiffs' attorney Carl Jensen was philosophical
Friday.

"That wasn't really unexpected," Jensen said. Jensen said he and his
clients are continuing discussions on whether to pursue the case
further. McKittrick did not dismiss the case, but simply denied the
request for an injunction. Jensen agreed the upcoming session of the
Legislature, which convenes in January, may produce actions which
could affect the state's overall medical-marijuana picture.

Civil court cases sometimes take years to resolve.