Psycho4Bud
03-27-2008, 10:50 AM
DILLON (AP) ?? A Dillon couple charged after a marijuana bust at their house will be allowed to continue using the drug for medicinal purposes while they??re awaiting trial, a judge ruled Tuesday.
District Judge Loren Tucker said that although prosecutors allege that Scott H. Day and Summer Sutton-Day were growing 96 marijuana plants to deal the drug, a doctor??s approval that they get to use the drug to help alleviate pain from a variety of ailments justified their continued use. He rejected a request from Beaverhead County Attorney Marv McCann that the couple be denied any access to marijuana.
??They may utilize whatever the M.D. prescribes for them,? Tucker said Tuesday.
Day, 34, and Sutton-Day, 29, are facing felony charges of production, possession and intent to distribute dangerous drugs. The couple??s home north of Dillon was raided on Feb. 1.
Law officers assert they found an elaborate growing operation that included lights, a ventilation system and other hydroponics equipment, court records said. Officials also said they recovered scales, plastic bags and other items that show the couple??s intent was to sell marijuana.
But Day and Sutton-Day have said they were producing the marijuana for medicinal purposes. Day said he had so many plants because he was trying to find the right variety to treat different symptoms.
The couple are now registered with the state as legitimate users of the plant, however they weren??t at the time of the raid, Day has said.
Day suffers from a rare degenerative disease that is terminal and says the marijuana provides relief from pain, while Sutton-Day has said marijuana helps with her chronic pain from a car wreck, anxiety and other ailments.
Tucker entered not guilty pleas on behalf of Day and Sutton-Day after state public defender Jon Moog asked for more time to review the charges. The judge also agreed with McCann??s recommendation that the couple be released on their own recognizance.
However, McCann argued that the couple should not be allowed to use marijuana while the case is pending. And he disputed that the couple couldn??t find relief from their symptoms without marijuana.
??Their conduct in operating a lab and marijuana grow is a threat to public safety,? McCann said. ??Any type of benefit that they can receive from the marijuana, they can address with their doctors and receive other prescription drugs for.?
But Moog said the couple needed the drug and were registered with the state as legal users.
Tucker agreed.
??It??s pretty clear the state doesn??t want your clients to have any marijuana at all,? Tucker said.
Great Falls Tribune - www.greatfallstribune.com - Great Falls, MT (http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=/20080326/NEWS01/80326020)
A BIG thumbs up and much respect to the judge that allows these people to find relief. Likewise, the D.A. should do some research and get a life!!
Have a good one!:jointsmile:
District Judge Loren Tucker said that although prosecutors allege that Scott H. Day and Summer Sutton-Day were growing 96 marijuana plants to deal the drug, a doctor??s approval that they get to use the drug to help alleviate pain from a variety of ailments justified their continued use. He rejected a request from Beaverhead County Attorney Marv McCann that the couple be denied any access to marijuana.
??They may utilize whatever the M.D. prescribes for them,? Tucker said Tuesday.
Day, 34, and Sutton-Day, 29, are facing felony charges of production, possession and intent to distribute dangerous drugs. The couple??s home north of Dillon was raided on Feb. 1.
Law officers assert they found an elaborate growing operation that included lights, a ventilation system and other hydroponics equipment, court records said. Officials also said they recovered scales, plastic bags and other items that show the couple??s intent was to sell marijuana.
But Day and Sutton-Day have said they were producing the marijuana for medicinal purposes. Day said he had so many plants because he was trying to find the right variety to treat different symptoms.
The couple are now registered with the state as legitimate users of the plant, however they weren??t at the time of the raid, Day has said.
Day suffers from a rare degenerative disease that is terminal and says the marijuana provides relief from pain, while Sutton-Day has said marijuana helps with her chronic pain from a car wreck, anxiety and other ailments.
Tucker entered not guilty pleas on behalf of Day and Sutton-Day after state public defender Jon Moog asked for more time to review the charges. The judge also agreed with McCann??s recommendation that the couple be released on their own recognizance.
However, McCann argued that the couple should not be allowed to use marijuana while the case is pending. And he disputed that the couple couldn??t find relief from their symptoms without marijuana.
??Their conduct in operating a lab and marijuana grow is a threat to public safety,? McCann said. ??Any type of benefit that they can receive from the marijuana, they can address with their doctors and receive other prescription drugs for.?
But Moog said the couple needed the drug and were registered with the state as legal users.
Tucker agreed.
??It??s pretty clear the state doesn??t want your clients to have any marijuana at all,? Tucker said.
Great Falls Tribune - www.greatfallstribune.com - Great Falls, MT (http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=/20080326/NEWS01/80326020)
A BIG thumbs up and much respect to the judge that allows these people to find relief. Likewise, the D.A. should do some research and get a life!!
Have a good one!:jointsmile: