A Needless Death in Montana

Sep 11, 2008

law enforcement, pain, patients, raids, victims

Scott Day, a friend of MPP and a Montana medical marijuana patient who suffered from a rare, painful degenerative disease, died Tuesday at 34.

Scott and his wife Summer were raided in February and charged with possession, manufacturing, and distributing marijuana. Summer believes the stress of prosecution had a great deal to do with the deterioration of Scott's health this year.

Legally, prosecutors may have been justified in pursuing the couple under state law. The two were not registered medical marijuana patients at the time of their arrest, although Montana law allowed them to present an affirmative defense that their marijuana use was medically necessary and therefore justified under the law.

Morally, however, there is absolutely no excuse for the nightmare state law enforcement inflicted on Scott and Summer. It's too late for Scott now, but Beaverhead County Attorney Jed Fitch has a moral imperative to use his prosecutorial discretion to drop Summer's charges and allow her to tend to her health and her grief.

If you agree, please let Mr. Fitch know.
Photo by Chad Harder of the Missoula Independent