The latest salvo in Montana's medical marijuana fight comes from state attorneys, who say the only legitimate basis for delay is action from the nation's highest court. (Thinkstock/Getty Images)

State attorneys jump into Montana medical marijuana delay fray

HELENA, Mont. — State attorneys say a judge should only delay enforcement of new Montana medical marijuana restrictions until the U.S. Supreme Court decides whether to take up the matter.

The Montana Supreme Court previously set Aug. 31 as the date to enforce a state law that prevents marijuana providers from selling the drug to more than three patients.

UPDATE: Supreme Court declines to hear case, raising worries for advocates

The Montana Cannabis Industry Association has asked the U.S. Supreme Court to overturn the state court’s decision. The group also asked District Judge James Reynolds to delay enforcement until either the U.S. Supreme Court takes action or voters decide on a marijuana initiative expected to be on the November election ballot.

Assistant Attorney General Stuart Segrest said in a court filing Friday that the only legitimate basis for a delay is the pending action by the nation’s high court.