Dr. Joseph Robert Montante is a supporter of medical marijuana. In a state where legalized recreational marijuana is bringing in hundreds of millions of dollars, Dr. Montante recently saw the Colorado Court of Appeals uphold a conviction for an improper prescription of medical marijuana. He’ll need to spend 30 days in jail because of it. Dr. Montante was also stripped of his medical license.

At issue is a law on Colorado’s books that was intended to stop just anyone from getting a prescription. A 2013 audit found one doctor had written more than 8,000 marijuana to patients and the laws in Colorado require that a real doctor/patient relationship exist for a prescription to be written. Dr. Montante was arrested for violating that law.

The arrest occurred in 2012. An undercover officer approached Dr. Montante and said he didn’t have a medical ailment, but wanted his marijuana use to become legitimate. A prescription for severe pain was written and this became the foundation of the arrest.

Dr. Montante says he is being targeted because of his views on marijuana. The enforcement of this doctor/patient law has been spotty at best. Let’s not forget that Colorado residents can legally purchase marijuana products and even grow their own plants now.

Maybe he did break the law in 2012 when the arrest was made. The times have changed. It’s time to take a fresh look at this case. No decision has yet been made as to whether Dr. Montante will appeal his conviction to the Supreme Court of Colorado.