Man Could Face Life in Prison for 3 Grams of Marijuana, While Sex Offenders May Get 5 Years Tops

(The Missoulian) [I]n a Missoula County courtroom… an eight-woman, four-man jury found Matthew Otto, 27, guilty of a single charge of criminal distribution of dangerous drugs – in this case, 3 grams (well under an ounce) of marijuana. Otto faces a maximum penalty of life in prison and a $50,000 fine.

Well under an ounce?  How about close to a tenth of an ounce?  Regardless, Montana law defines sales or distribution (giving) any amount of marijuana as a felony and allows for a one year to life prison sentence and $50,000 fine.  Otto is lucky he wasn’t within 1,000 feet of a school or an additional three years minimum would be added.

Otto stood accused of sharing a bowl of his medical marijuana with two friends in a car traveling down Reserve Street, where the trio passed a Missoula County Sheriff’s detective on his way home from work last November.

How many times do I have to tell you people to not smoke pot in your freakin’ car?!?  Even if parked but especially if moving!

Both [Deputy Missoula County Attorney Andrew] Paul and [Public Defender Chris] Daly questioned potential jurors closely as to their experiences with and attitudes toward marijuana – medical and otherwise. Roughly half the 24 people from whom the eventual jury was chosen raised their hands in response to a question as to whether they’d smoked marijuana. While none had medical marijuana cards, five had family members with “green” cards.

Yes, because over half of US adults aged 50 or younger have tried marijuana.  If that’s going to be a disqualification for jury duty, you’re going to find it increasingly hard to seat juries (as happened in Montana last year).

Samantha and Jordan Lambert, who was driving the car, originally told Missoula County Sheriff’s Detective Jon Gunter that they’d gotten the marijuana from Otto, according to court papers. Wednesday, they testified they didn’t remember who lit the bowl or where the marijuana in it came from.

Daly repeatedly pointed out that neither of the Lamberts was charged with possessing or distributing marijuana, even though the bowl was shared among the trio.

“The detective told me if I was honest with him about taking a hit off the pipe, I would not be in trouble,” Jordan Lambert testified.

[Missoula County Sheriff's Detective Jon] Gunter testified that as a narcotics investigator, he felt it was more important to home in on the source of the drug.

Sheriff’s Deputy Bill Burt, who questioned Otto while Gunter was talking with the Lamberts, videotaped that encounter.

On the tape, Otto told Burt that he had a medical marijuana card and that he used cannabis for back and knee pain.

“I’ve got all kinds of pain from carrying all this equipment,” Burt replied. “… My point is, you’re doing it for the recreation.”

How do you know that, Deputy?  Living with chronic pain is just that – chronic.  It exists at all times.  Just because Otto shared a bowl with two healthy people doesn’t mean he wasn’t using medically himself.