Probation hearing continued for Tiverton man accused of violating
medical-marijuana law

NEWPORT -- A probation violation hearing for a Tiverton man in the
state's medical-marijuana program, who was arrested three weeks ago on
drug-trafficking charges for the second time in five years, has been
continued in Newport County Superior Court for the second consecutive
week.

Shayne R. Costa, 50, of 698 Windwood Drive, Tiverton, will remain held
without bail at the Adult Correctional Institutions for at least
another week when he is scheduled to return to court for a possible
resolution on the violation charges. In 2006, Costa received a 10-year
suspended sentence for growing 28 marijuana plants on his property.

The police also seized 11 ounces of bagged marijuana from his
house.

On Monday, Assistant Attorney General Dan Guglielmo and Richard
Humphrey, Costa's lawyer, met privately for about 45 minutes with
Judge Melanie Wilk Thunberg. They emerged and said the case had been
continued to Oct. 6.

Thunberg could sentence Costa to up to 10 years in
prison.

The case is being closely watched by supporters of the state's
medical-marijuana program as well as law-enforcement officials and
members of the General Assembly who passed legislation that allows
patients with a variety of medical ailments to buy, grow and smoke
marijuana.

Humphrey said on Monday that his client has a registration card that
permits him to participate in the medical-marijuana program. According
to the Health Department, a patient with a past drug felony conviction
is allowed in the program, but a caregiver, someone allowed to grow up
to 24 marijuana plants for as many as five patients, cannot have a
felony drug conviction.

Patients are allowed to grow up to 12 marijuana plants for their own
use.

On Sept. 3, the Tiverton police obtained a warrant to search Costa's
property and house for marijuana. A police officer reported that he
had spotted several marijuana plants, some as tall as 7 feet, growing
in a 100-foot-long greenhouse. During the search, the police said that
they seized 101 potted marijuana plants in a "grow room," while 13
mature marijuana plants were removed from the greenhouse.