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It said “even a brief reading of the” court’s order made clear that it didn’t uphold the license revocation, as the state health inspector had asserted. “These omissions and representations were made deliberately, or at a minimum recklessly,” the lawsuit stated. Source missoulian.com
Although it was untrue, the court granted the search warrant. There are eight judges in the Yellowstone County District Court. Police sought a warrant to search the dispensary, noting in the warrant application that the district court had upheld the state’s decision to revoke the provider license, and asserting that MOMS was illegally selling marijuana.
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Plaintiffs called the detective’s presentation of the facts in the search warrant application “judicial deception.” The next week, though, an inspector for the state health department’s Medical Marijuana Program emailed the Billings Police Department and said MOMS was operating illegally because it didn’t have a valid provider license, according to the plaintiffs.
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