Condition No. 10 also exceeds the District Court’s sentencing authority, and insofar as it denies Nelson the right and privilege to use medical mariju

DA 07-0339
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 359
STATE OF MONTANA,
v.
TIMOTHY SCOTT NELSON,
Timothy Scott Nelson (Nelson) appeals two sentencing conditions imposed on him in the District Court of the Ninth Judicial District Court, Pondera County. We reverse the imposition of the challenged sentencing conditions and remand for further proceedings consistent with this Opinion
Issue One: Did the District Court exceed its statutory authority by requiring Nelson to comply with Condition No. 10 during the term of his deferred sentence?
Did the District Court exceed its authority when it imposed Condition No. 9 and required Nelson to comply with federal law which prohibits the possession of marijuana and does not provide an exception for the use of medical marijuana pursuant to state law?
We conclude the District Court exceeded its authority by requiring Nelson to comply with Condition No. 9, insofar as it subjected him to the possibility that his deferred sentence could be revoked based upon a violation of federal law. While Nelson may be generally required to obey federal law, an exception must be made for lawful use of medical marijuana under the MMA. Condition No. 10 also exceeds the District Court’s sentencing authority, and insofar as it denies Nelson the right and privilege to use medical marijuana as contemplated by the MMA, it must be stricken as well. Therefore, we reverse the imposition of these two conditions and remand for further proceedings consistent with this Opinion.