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Caregiver exceeds limit for pot plants

by Eric Schwartz/Daily Inter Lake
| September 24, 2010 2:00 AM

Authorities seized 91 marijuana plants from a registered caregiver’s home on U.S. 2 West near Marion Wednesday.

Agents with the Northwest Drug Task Force determined there were more plants than are allowed by the state’s medical marijuana law, according to a release from the Flathead County Sheriff’s Office.

Law enforcement officials discovered the grow while responding to a disturbance at the home Wednesday.

Sheriff’s office, task force and Kalispell Police Department personnel located several plants on the porch of the residence along with three large greenhouses behind the home, according to the release.

A search warrant obtained through Flathead County District Court was served on the residence Wednesday afternoon and the plants were confiscated a short time later.

The investigation is ongoing and the case is expected to be sent to the Flathead County Sheriff’s Office for potential criminal charges.

Sheriff Mike Meehan said there have been no arrests. He added that arrests are expected as the investigation unfolds.

Meehan said there is some dispute as to exactly how many plants are allowed at the residence by law.

“But there were definitely more than there should be,” he said.

In 2004, Montana passed an initiative allowing certain patients with specific medical conditions to use marijuana to alleviate symptoms. It was the 10th state to pass a medical marijuana law.

The law allows patients and caregivers to grow and possess a restricted number of plants after registering with the Quality Assurance Division of the Department of Public Health and Human Services.

The law limits the number of plants a patient or caregiver may possess at six, or one ounce of dried marijuana.