.::The Montana Standard::.
A judge has ruled that a Beaverhead County woman charged with growing and selling marijuana was not protected by Montana’s medical marijuana law because she did not have the required permit when charged with the drug crimes.District Judge Loren Tucker said in court records that Summer Sutton Day, who was charged early this year with production, possession and intent to sell marijuana, did not have a medical marijuana registry identification card at the time she was arrested. Therefore, the evidence from a search and seizure of her home outside of Dillon could be used against her in the case.
Tucker was ruling on a motion to dismiss or suppress the evidence because Sutton Day received a permit shortly after the raid on her home. Tucker ruled after Sutton Day’s arrest that she could possess and use marijuana because she had the permit.
But he said in the more recent decision that without the permit at the time of the raid, Sutton Day has no protection under the medical marijuana law. Sutton Day was charged with the crimes along with Scott Day, who died last month at the age of 34 after battling a debilitating disease all his life. Both were issued the medical marijuana cards to help treat numerous symptoms, including severe pain.
Scott Day was obviously a medical marijuana user. His wife was obviously his caregiver. They didn’t have official government papers recognizing those roles, but any human being with a conscience would recognize that’s what they were. They had many marijuana plants, more than even a registered Montana patient should have, let alone an unregistered patient.
But what is the spirit of the Montana law? To end the arrest and incarceration of sick people using cannabis as medicine! What good does it do the State of Montana to lock up this woman? If she’s found to have broken the letter of the law, at worst let her be fined or given probation or community service, but does anyone feel any good is being done by placing her in a penitentiary with real criminals? She just lost her husband after caring for him through years of pain, at just 34 years old! How much more should she suffer for tending a garden?
Frankly, I feel that Montana’s MML is unconstitutional. The new Montana Constitution of 1972 gives all felons the right to vote and even carry a firearm after completion of sentence or parole. There were many non-violent inmates who during the late 60′s and early 70′s whose only crime was growing a single plant in a closet for their own use. Attempted posession convictions were also noted during this period. Convictions that were nonviolent in thought and action. However these ex-felons can never become a caregiver for themselves or others. All other criminals, such as murderers, thieves, kidnappers, sex offenders etc. can be caregivers. Montana was well known as “The Last Best Place.” ….Montana is now “The Last Best Place in the lower 48″ for violent offenders to move to, and find sanctuary. Non violent ex felons should wake up and not become part of this unconstitutional Con Game.