Posted: September 7, 2012 at 12:08 pm

Medical Marijuana Activist Tom Daubert Receives Five Years Probation, No Prison Time

Tom Daubert, a drug policy reform activist with a long history of work for humane medical marijuana laws, received five years probation and a $50,000 fine in a decision reached by the US District Court, the Helena IR reports. He was facing a maximum sentence of 20 years in prison.

Daubert started working for patients in 2004, when he headed up the advocacy group Patients and Families United, which fought for the 2004 voter initiative. Daubert’s former business, Montana Cannabis, was raided by federal agents in March 2011.  Despite having worked closely with state and local law enforcement leaders throughout his involvement in marijuana production for state-legal patients, Tom was prevented from submitting a defense under federal law that his company complied with Montana’s medical marijuana law.

Although federal criminal law does not have an exception for the medical use of  marijuana, a memo issued by the Department of Justice in 2009 indicated that federal interference in state medical marijuana laws would be a low priority. But the recent federal crackdown on medical marijuana growers shows a major shift from that federal drug policy starting in early 2011.  Daubert was not charged under state law with any violation of Montana’s Medical Marijuana, only federal law.

Daubert’s former business partner, Richard Flor, died in federal custody. Flor sentenced to serve five years.

32 comments

  1. Farmboy

    This war on marijuana is a complete joke and a disater. They need to legalize pot, regulate it like alcohol or cigs or gambling, and put a sin tax on it to fund education and addiction programs, and maybe even health programs. Then get hard on the hard core drugs like meth, or cocaine. No marijuana is a naturally grown weed, it does not need to be illegal, it just needs to be regulated, no different then budwieser.

  2. James Conner

    The feds wanted to throw Daubert in prison for up to eight years even though he didn’t hurt anyone (which tells you how soft a sentence Greg Barkus really got). Give credit to the judge, Dana Christensen, for a humane application of the law.

    And in the matter of medical marijuana, the law is an ass.

    • Larry Kralj, Environmental Rangers

      James, what the hell. Schweitzer is an honorable, reasonable, compassionate man. Why not? PARDON THIS MAN, GUV!

      I have worked with many, many people who NEED maryjane to easy their untolerable pain and suffering. Pot is NOT a recreational drug for them. It makes their lives BEARABLE! It provides merciful relief. IT KEEPS THEM FROM COMMITTING SUICIDE!(in many cases)

      This sentence for Daubert is pure bullshit. The guv is done, term-limited out. So, why not? Do the right thing! Hell, the PEOPLE of Montana voted for it! We VOTED for compassion! I would like to see him do right by all the folks out there who suffer needlessly because of the rightwing bullshit. These morons are still living in Bush’s Tommy Chong America.

      ONLY those folks who have suffered or are suffering for endless pain can understand just how wrong this sentence is. And I wouldn’t wish that on no one!…..except maybe bush and his dick, cheney!

  3. Drifter

    Flor was given a death sentence. I agree with Farmboy for the most part, although I draw a distinction between something which is not refined and something that is refined (Bud)and tobacco.

    • Larry Kralj, Environmental Rangers

      Sorry, I just couldn’t resist!

      “The party of Lincoln and Liberty was transmogrified into the party of hairy-backed swamp developers and corporate shills, faith-based economists, fundamentalist bullies with Bibles, Christians of convenience, freelance racists, misanthropic frat boys, shrieking midgets of AM radio, tax cheats, nihilists in golf pants, brownshirts in pinstripes, sweatshop tycoons, hacks, fakirs, aggressive dorks, Lamborghini libertarians, whose philosophy is a jumble of badly sutured body parts trying to walk. Republicans: The No.1 reason the rest of the world thinks we’re deaf, dumb and dangerous.” ~ Garrison Keillor

      Pretty much sums it UP, doncha think?