Pot bust blasted as persecution of dying man

By NICK GEVOCK - Montana Standard - 02/17/08

DILLON — The large-scale marijuana bust that law officers here touted as a major success this month was instead the persecution of a terminally ill man who needed the drug to help ease his suffering, a pro-medical marijuana group said Friday.

Patients and Families United, based in Helena, blasted the bust and said it would not stand up in court thanks to Montana’s Medical Marijuana Law passed three years ago. And they criticized law officers for making a terminally ill man’s last days miserable because of the worry that he would end up in prison.

“It amounts to persecution of somebody who’s already so overburdened with a medical condition that no one should have,” said Tom Daubert, founder and director of PFU. “That’s the purpose of our law, to have some relief for somebody who wants to be left alone.”

Daubert said his group will step up to help with the legal defense for the man, whose name has not been released by officials.

Law officers from Beaverhead County and the Southwest Montana Drug Task Force this week were trumpeting the seizure of 96 marijuana plants from a mobile home north of Dillon. They said the sophisticated growing operation was meant to keep a steady supply of marijuana coming, with plants at all stages of development.

They said the marijuana’s street value could be up to $153,000.

Blair Martenson, regional director for the task force, refused to comment specifically on PFU’s comments, saying only that officials were push ahead with prosecution.

“What we have to say will come out in court,” he said.

But Daubert said the man targeted in the investigation, who, along with a woman, has yet to be arrested and charged, is suffering from a horrific disease. He would not specify what it was to protect the man, but said it is a rare degenerative disease that is always fatal.

Daubert said if taken into custody, Beaverhead County taxpayers will be on the hook for medical care that costs a staggering $136,000 a month for injections to keep the man alive.

“Beaverhead County can have some fun with this: pay to keep a guy alive for a trial that probably won’t happen quickly,” he said.

And Daubert lambasted law officers for conducting a three-month investigation without knowledge of Montana’s medical marijuana law. He said assertions that the operation was too large to be for one patient’s use are bogus, because each individual patient in need of medical marijuana requires different quantities.

For some patients, ingesting the marijuana rather than smoking it is the most effective way to ease pain, maintain appetite or gain the other benefits people garner from pot.

“It is not possible on the basis of the number of plants involved to categorically claim that the growing was for anything other than personal use,” he said.

Daubert promised a “vigorous” legal defense of the man. He said although the quantity of marijuana seized far exceeds the one ounce allowed under state law, they will use an affirmative defense to prove that he needed the quantity for his medical needs.

The man is not a registered medical marijuana user, Daubert said. But his medical records will provide more than enough evidence that he has a qualifying condition and needs the drug to help ease his suffering in his final months of life.

“We will bring in experts on dosage, horticulture and quantity issues,” Daubert said. “This will be potentially a major precedent-setting case in Montana.”

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Reader Comments:

flowers4u wrote on Feb 28, 2008 9:45 PM:

" Ok, so this man is growing marijuana for medical purposes? Does he really need $153,000 worth? Probably not. Maybe I'm naive but dont you smoke the pot? So what are the medical care expenses of $136,000 dollars a month for? Does he need these injections to stay alive or the pot? Both??? Please. Anyone in "need" of marijuana for medical reasons should have it medically prescribed that would aleviate these "misunderstandings" "

legalassistant wrote on Feb 18, 2008 10:05 AM:

" Always wondering- YOU SHOULD READ THE LAW as SHOULD ALL MONTANA LAW ENFORCEMENT officials, especially drug task force officers. Question-What if I'm busted as a unregistered medical user?
The Montana Medical Marijuana Law provides for an affirmative defense, which means you can attempt to prove that the marijuana use was medical in nature after being charged with a marijuana-related offense:

Section 7. Affirmative defense. Except as provided in [section 6], it is an affirmative defense to any criminal offense involving marijuana that the person charged with the offense:
(1)(a) has a physician who states that or has medical records that indicate that, in the physician’s professional opinion, after having completed a full
assessment of the person’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the potential
benefits of medical marijuana would likely outweigh the health risks for the person; or
(b) provides marijuana to a person described in subsection (a) if the person does not provide marijuana to anyone for uses that are not medical;
(2) is engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the
consumption of marijuana to alleviate the symptoms or effects of the medical condition of the person identified in subsection (1)(a); and
(3) possesses marijuana only in an amount that is reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating
the symptoms or effects of the medical condition of the person identified in subsection (1)(a).

A lot of good people are rightfully fearful of being on any list, especially a list of people who are 'illegal' under federal law. At least some, Daubert and others, are working for the people and not trying to put them in prison. especially, prison time for a personal choice and in this case- quality of life. Maybe the guy grew so much so he didn't have to deal with the street market and also, he would know the quality of the medicine 'cause he grew it! WHAT A WASTE of resources- can't law enforcement find something worth investigating? maybe they should scale back their ranks if they are too bored to go after real criminals. peace "

rsteeb wrote on Feb 18, 2008 9:56 AM:

" A "major success"? A trailer full of medicine seized from a dying man? How pathetic is that.

Law Enforcement Against Prohibition, found at LEAP.CC can explain the solution to abominations like this persecution, and with far more eloquence and credibility than this 40-year "pot-head".

It still strikes me as bizarre that my emancipation from the stigma of cannabis-criminality came from a diagnosis of Glaucoma in California.

A nation with thriving alcohol and tobacco industries has NO moral authority to so much as FROWN at adult use of cannabis. "Healthy OR "Ill". Liberty should not require a "qualifying disease".

-Richard Steeb, San Jose "

Always wondering wrote on Feb 17, 2008 7:22 PM:

" Here we go again: Mr. Daubert in his never ending diatribe against law enforcement is going to show everyone how disrespectful the entire group of people serving to protect our communities truly are. Two points are worth mention: 1) read the medical marijuana law (in order to be protected, one must be registered); and, 2) the marijuana distributed through the "program" must come from a state sanctioned source. Here's a question, Mr. Daubert, surely ye jest? "


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