Pubdate: Thu, 15 Dec 2011
Source: Havre Daily News (MT)
Copyright: 2011 Havre Daily News
Contact: http://www.havredailynews.com/cms/forms/form-166042.html
Website: http://www.havredailynews.com/
Details: http://www.mapinc.org/media/1247
Author: Tim Leeds

HAVRE MED POT PROVIDER FACES OREGON CHARGES

Officials: Delaine Fitzpatrick Had 12 Pounds of Marijuana in Car Trunk

A Havre woman who was cleared on charges stemming from her medical 
marijuana business in August has been arrested for allegedly 
possessing 12 pounds of marijuana in Oregon.

Delaine M. Fitzpatrick, 34, and Garrett J. Briere, 47, were arrested 
on U. S. Interstate 5 near Roseburg, Ore., Nov. 9.

According to an Oregon Department of State Police document, officers 
found 12 pounds of marijuana in the trunk of the white 2002 Chevrolet 
Malibu that Briere was driving and Fitzpatrick was riding in.

Fitzpatrick could not be reached for comment this morning.

Fitzpatrick and her sister, Malisa Fitzpatrick, were charged in 
September 2010 in Montana District Court with felony distribution of 
dangerous drugs and possession of dangerous drugs with the intent to 
distribute, alleging the two possessed more marijuana than allowed by 
law in their medical marijuana caregiver business. The state alleges 
the sisters sold marijuana to an undercover agent who was not their 
patient and sold more than allowed by law per patient.

Judge Julie Macek in August dismissed charges against the 
Fitzpatricks, because the undercover agent obtained an illegal false 
driver's license and used that license to obtain a fictitious medical 
marijuana patient card used in the investigation.

The state is appealing Macek's ruling, with the state Supreme Court 
granting an extension to the state until Dec. 30 to file its first 
brief in the case.

According to Oregon police, Delaine Fitzpatrick and Briere were pulled 
over at 12:30 a. m. Pacific Time, Nov. 9 on I-5 for a minor traffic 
violation. The officer conducting the stop became suspicious that some 
criminal activity was going on, the document says.

Fitzpatrick and Briere denied permission to search the vehicle, and a 
police dog was brought in. When the dog, Charger, alerted officers of 
the possibility of illegal substances, a search found about 12 pounds 
of marijuana in the trunk, the document said.

The suspects were incarcerated in the Douglas County, Ore., jail, with 
Fitzpatrick held on $200,000 bail, a representative of the Douglas 
County Sheriff's Office said Wednesday. She was arraigned Nov. 11 and 
was released at 11:40 a. m. Pacific Time.
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