Montana Attorney General Opinion 15-420

Opinion No. 420 Liquor Control Act-Druggists- Wholesaling Medicinal Liquor to Retail Druggists of Other States. HELD: The ~:lontana Liquor Con- trol Board does not haye authority 11n- der the Liquor Control Act of l\:Io;tana, to authorize a wholesale drug company, doing business in this state, to purchase from a distillery and to keep on hand in a warehouse in this state supplies of liquor to be sold in other states in con- formity with the laws thereof. January 17, 1934. 'Ve have been asked if the Montana Liquor Control Board may authorize a wholesale drug company doing business in this state to purchase from a distil- lery and to keep on hand in a ware- house in this state supplies of liquor to he sold in adjoining states in conform- ity with the laws thereof. It is stated that several wholesale companies have warehouses in this state from which they furnish supplies, formerly inclnding medicinal liquor, to retail druggists in 'Vyoming, Idaho, etc., and that they desire to continue that practice. As convenient and harmless as such an arrangement may be, we do not think ,that the Board has the authority to sanction it. Section 45 (3) of the State Liquor Control Act of Montana provides: "(3) No person shall haye or keep any liquor within the state which has not been purchased from a state vendor of the Montana Liquor. Control Board or from a druggist au- thorized to sell the same, save and ex- cept beer purchased from a brewer li- censed to sell the same under the pro- \'isions of this Act. This subsection shall not apply to the Board or to the keeping or having a liquor by brewers, distillers and other persons duly Ii- cem:ed by the United States, for the manufacture of such liquor; nor to the keeping or having of any proprietary or patent medicines or of any extracts, essences, tinctures or preparn tions where such haYing and keeping is au- thorized by this Act." (Chapter 105, Laws of 1933.) The language of the statute is plain and certain, and we ha\-e been unable to find in the Act any exception which would permit wholesale druggists to ship liquor into this state eyen though such wholesale druggists are willing to submit themselves to the strict surveil- lance of the Board.