Metropolis of Billings asks decide to toss civil rights claims in pot dispensary lawsuit | Crime & Courts

The City of Billings is calling on a federal court to dismiss claims violating the civil rights of a marijuana dispensary owner in its investigation into the business.

In a motion filed in the U.S. District Court this week, the city asked the court to drop the civil rights lawsuit against the city and the Billings Police Department Det. Steve Hallam.

Attorneys Harlan Krogh and Ben Alke said Montana Organic Medical Supply (MOMS) pharmacy failed to meet its legal burden.

They also reiterated what the state has alleged in its defense: The claims are precluded by the fact that marijuana remains illegal under federal law.

In April, MOMS owner Steve Palmer sued the state, the state health department, two state employees, the city of Billings and the detective Billings. Palmer challenged the measures that led to the closure of his store in 2018.

The pharmacy argued that the state and City of Billings ignored a lower court decision that favored the deal. With this decision, the state’s revocation of MOMS’s marijuana supplier license has been suspended. The state had expedited the process of revoking the license and violated the company’s procedural rights.