STEVENSVILLE MEDICAL MARIJUANA GROW OPERATION RAIDED

STEVENSVILLE - A raid of a Stevensville medical marijuana grow
operation Wednesday could set up the first test case for the state's
new medical marijuana law in Ravalli County.

Ravalli County sheriff's officers raided the Banana Belt Caregivers
facility just east of the Stevensville Wye and removed a "significant
amount" of marijuana plants and cannabis-based products, but no
arrests were made, Ravalli County Sheriff Chris Hoffman said Thursday.

The warrant was served following information gained through an
investigation into another alleged illegal grow operation in the
county, Hoffman said.

"At this point, since the investigation is ongoing and charges are
pending, I can't go into any more details," he said.

Ravalli County Attorney Bill Fulbright said the suspects' and their
conduct are being evaluated under the state's new, tougher medical
marijuana law.

Senate Bill 423 was passed earlier this year by a Montana Legislature
looking to rein in an industry that many lawmakers believed had
careened out of control since the 2004 voter-passed initiative that
legalized marijuana use for medical purposes.

On June 30, Helena District Judge James Reynolds temporarily blocked
some restrictions in the new law.

Despite that injunction, Fulbright said that on July 1, the old law
was repealed and no longer exists. Caregivers - now called providers
under the new law - may not be in possession of plants if they have
not obtained the proper paperwork.

"This case revolves around the new medical marijuana law," he said. "I
don't want to speculate, but if people are flaunting the new law in an
effort to challenge it, that's okay. This is the way we do it."

At this point, Fulbright said the case is an ongoing investigation and
will be evaluated to see if there violations of the law.

"We will see if criminal charges are appropriate," he said.

Is this a gut check for other former caregivers in the county?

"I think that's a fair statement," Fulbright said.

Banana Belt Caregiver partner Tom Patterson said officers refused to
explain the reasons behind the raid.

"They wouldn't tell us what it was all about," Patterson said. "We're
at a loss. . They just took my life away. I'm retired and on Social
Security. We're just devastated. We could lose the building, our
house. I could lose everything."

Patterson said officers took 96 plants and all cannabis products at
the facility.

"We were under 100 plants," he said. "We were totally compliant."

The Banana Belt Caregivers operation was named in an affidavit filed
against a Florence man charged Wednesday with illegally growing
marijuana plants.

The man, Darrell Riley, claimed the plants belonged to a man named Ned
Smartt. According to the affidavit filed in Riley's case, Smartt is a
partner in the Banana Belt Marijuana caregiver operation.

Both Smartt and Patterson told the Ravalli Republic Thursday that
Smartt is not a partner with that organization.

Smartt's name is listed as a contact on the Banana Belt Caregiver's
web page.

"Ned Smartt is not a partner," Patterson said. "He has nothing to do
with my business. He has volunteered there, but that's it. . The first
time that I knew about any of this is when I saw my name in the
newspaper.

"I really don't know what the hell is going on," he said.

The other two partners in the business are Tony Smith and Kelly
Goosey. Both men owned a heating and cooling business at the site
before opening the medical marijuana operation.

"Everyone knows those guys," Patterson said. "They have been in this
valley forever."