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