State v. Stoner, 285 P.3d 402

Police obtained a search warrant for Stoner's residence and found five marijuana plants, marijuana, paraphernalia, and over $1,400 cash.
Stoner did not have a medical marijuana registry identification card at the time of his July 2009 charges.
Stoner was charged with several marijuana offenses in July 2009; an omnibus hearing occurred in September 2009.
DPHHS issued a qualifying patient registry card to Stoner in December 2009, naming Dustin Malley as caregiver; Stoner later renewed cards.
Stoner sought to invoke the MMA's affirmative defense under § 50-46-206 (2007) and later argued for immunity under § 50-46-201; district court denied dismissal.
The Montana Supreme Court held that immunity under § 50-46-201 required possession of a registry card at the time of the offense; Stoner did not have a card then, so charges were not dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Effect of 50-46-201 immunity when card obtained after offense	Stoner claims immunity valid if he later obtained a card.	State argues immunity only applies with card at offense time and MMA limits apply.	Immunity requires card at time of offense; not entitled to dismissal.

State v. Nelson, 346 Mont. 366, 195 P.3d 826 (2008 MT 359) (MMA protections cannot override other criminal law; prospective limitations may apply)