Some Montana law enforcement officials believe they have the right to conduct “inspections” or “compliance checks” of professional medical marijuana gardens.
They have no such right under the current law. They are wrong and abusing their power.
SB 423 provides for inspections of licensed providers in section 14, but that part of the law does not go into effect July 1st, 2011, and only if the legal efforts of the MTCIA are unsuccessful. The new law has a totally different and onerous licensing scheme for growers, which has not been implemented yet, and so there are no licensed providers, and no inspections.
Caregivers should consult their attorneys for advice on how exactly to handle a request for inspection of their gardens. Absent a search warrant, you are under no obligation to allow Montana law enforcement officials to inspect your premises. In fact, you are under no obligation to answer any questions about your activities, or even to answer the door.
Just say no to warrantless searches.