[UPDATE] – Thanks to this arrest, Scott Day got to spend the last few months of his life in fear and anxiety. He has now passed on. You can find more information about his passing here.

The police raid occurred on February 1st, 2008 at the home of a terminally ill Dillion, MT man and his girlfriend. The gentleman lives with a disease which usually overtakes its victims by the age of 12. For this, he has become a registered medical marijuana patient in the state of Montana.

According to the Dillonite Daily article:

“The indoor marijuana grow utilized a very sophisticated venting system that was intended to keep the project hidden from the outside.”

The police seized 96 plants after what they call a three-month “investigation.” The terminally ill and suffering patient and his girlfriend are now facing 2 years to life and a fine of, up to, $50,000 for the offense.

The Montana Standard reported that Blair Martenson, an agent in charge with the Southwest Montana Drug Task Force in Butte, had this to say about the home:

“This was a marijuana growing operation that was pretty well sophisticated with the way it was set up.”

Of course, obtaining the medicine in question will probably not be easy for the patient during the investigation. To top things off, according to investigators, the processing is taking unusually long. This is due to the “huge amount of evidence in this case.” Martenson added that the delay was due delay in charges is common as agents must send the marijuana to a crime lab to confirm that it’s an illegal drug.

I would have hoped that somewhere during the three-month investigation they would have enough conclusive evidence to determine that it is marijuana.

This private garden served as the source of medicinal marijuana for registeredpatients in the area. Bob Meharg, chairman of Patients and Families United, said in a news release:

“Taxpayers have just footed the bill for an untold number of wasted dollars in this sad incident near Dillon and, if the government charges and manages to convict the patient involved, we’ll be paying more than $136,000 every month for the patient’s medical care alone. I am shocked to see that the government is claiming that it investigated this case for three months, yet when the government acted against this poor patient it was in such complete ignorance both of our state’s medical marijuana law and of the basic facts of this situation.”

In 2004, Montana voters – by the widest margin in U.S. history – approved making medical marijuana legal for patients suffering certain medical conditions. Dillon’s Beaverhead County was one of the many counties where a majority of voters passed the measure. The law specifies that qualifying patients may grow and possess enough marijuana to meet their legitimate medical needs. Currently, nearly 600 Montanans in 34 counties are registered medical marijuana patients based on recommendations from 145 physicians across the state.

This is not the first medical marijuana tragedy within recent months that have occurred at the hands of Montana law enforcement or federal law enforcement in Montana.

Unfortunately, this has not been picked up by major news sources in the state or the country. In fact, the title for the Montana Standard article read as:

Felony charges pending in large pot growing operation near Dillon

The ignorance of people surrounding medical marijuana was further reflected in the comments left on the page:

ulvejaeger wrote on Feb 14, 2008 9:04 PM:
” Isn’t it quaint how Beaverhead Co. & surrounding area’s despise the Fed’s until they want to get rid of a bunch o bad asses? Congratulations SWMDTF! Job well done! Hope Mr. McCann puts the hurt on em. ”

CalRipken wrote on Feb 14, 2008 3:18 PM:
” Good Job Martenson. You should get a raise. Keep plugging away. Another one bites the dust. Chalk up another one for the good guys. You should take him Federal and lock him up for 15 years. 96 plants should meet the Fed standards. Tell the other guys who worked the case Good Job, too. And do a high five for me, Yes! “

I was under the assumption that our country was supposed to be helping those most in need. Even though this individual took the time to obtain his medicine through legal avenues that were accepted and voted upon by a government within the United States of America, prohibition still reigns supreme.

For more information, please check out the following links:

Maybe, one day, we’ll live in a world where our children won’t ask why the bad man is going to jail, but why the bad men are taking the nice man away.

  • Josh

    This sounds like an absolute tragedy. When will we wake up? I guess the only good I can find in this story is that it is just one more opportunity for a human to dig deep and overcome their frustrations with the lack of simple intelligence and logic that is exhibited in this country on a daily basis and to further strengthen themselves for the cause. To smoke or not to smoke marijuana is an individual choice. To take away such a freedom concerning a substance that is far less harmful than many mass produced and widely pushed pharmaceutical drugs on the market today goes against everything this country was originally founded on . What a tragedy. Keep it intelligent. Keep it peaceful. Right will always triumph over wrong in the end. It is the end that is the uncertainty.

  • zip

    People in this state, especially the governmental agencies , are stupid… The people who are supposed to know the laws don’t care or too stupid to know that they don’t care! I love this state for its majestic splendor. I love the police for being stupid also. I don’t think they spent much time investigating. These keystone cops here don’t have a clue…These poor inviduals must have been narced out!

  • Rudedog

    All I can say is just because you want it to be legal doesn’t mean it is.
    Don’t get me wrong, I am not close minded and I think it should be legal FOR PEOPLE WITH A MEDICAL NEED. But there is no way in hell you can tell me he needed 96 plants for personal use. NO WAY!
    While I haven’t ever done drugs (except alcohol), I have seen more negative affects than positive ones from friends and family members.
    For example: my now 21 yr old nephew still acts like he’s 15. I think it’s true people who cronicly use marijuana stay at the mental age they started at, little dumb ass.
    That sayed….what an ADULT does behind closed doors is thier bussiness as far as I’m concerned…but if you get busted deal with the concequences and quit bitching. It’s not like you didn’t know what you’re getting into from the start.

  • rudedog

    BTW thought I’d leave the spelling and other errors on there for you people that are going to flame me anyway. enjoy.

  • Dee

    rudedog, if i may persuade you, the swmrdtf and the dea for that matter exploit the actual evidence for something its not all too common. 96 plants , where they mature, or where they small clones, basic cuttings over crowded in a room, which would never bring them to full potential? A patient with this kind of chronic illness, may not find the correct strain for their illness for years of cultivating. Maybe he had mites or thrips (common indoor garden pests) and could never even harvest acceptable medical grade marijuana , so he over compensated with a large cyle. yes he must have known the risk, but the law does inclued a clause stating the term “usuable marijuana” and case law has yet to truly define that term. One could argue that none of the marijuana growing in his home was truly usuable persuint his severe medical condition. THERE IS A TRUE LACK OF MEDICINE AVAILIABILITY THROUGH LEGAL AVENUES IN MONTANA. Keep in mind 62% of montana’s footed this bill, and the MRDTF should not be wasting tax and community resources for a 70 year ongoing Drug war. Read the facts are ridiculous down to the unconstitutional marijuana tax stamp act of 1937, reversed for its unconstitualness in the 70’s only for more negitive federal regulation. The MRDTF if anything, should be focusing on drugs that kill .

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  • Nice blog. Found it using Yahoo. Think I’ll be back to see what else you’ve blogged about.

  • People need to take the time to research the way government took control of marijuana with the tax and it was only for there gain. I am tired of people speaking out angry with no experience then what they learned in a government required public school health class. Wake up and learn on your own it’s really not that hard.