HAVRE MED POT PROVIDER FACES OREGON CHARGES

Officials: Delaine Fitzpatrick Had 12 Pounds of Marijuana in Car Trunk

A Havre woman who was cleared on charges stemming from her medical
marijuana business in August has been arrested for allegedly
possessing 12 pounds of marijuana in Oregon.

Delaine M. Fitzpatrick, 34, and Garrett J. Briere, 47, were arrested
on U. S. Interstate 5 near Roseburg, Ore., Nov. 9.

According to an Oregon Department of State Police document, officers
found 12 pounds of marijuana in the trunk of the white 2002 Chevrolet
Malibu that Briere was driving and Fitzpatrick was riding in.

Fitzpatrick could not be reached for comment this morning.

Fitzpatrick and her sister, Malisa Fitzpatrick, were charged in
September 2010 in Montana District Court with felony distribution of
dangerous drugs and possession of dangerous drugs with the intent to
distribute, alleging the two possessed more marijuana than allowed by
law in their medical marijuana caregiver business. The state alleges
the sisters sold marijuana to an undercover agent who was not their
patient and sold more than allowed by law per patient.

Judge Julie Macek in August dismissed charges against the
Fitzpatricks, because the undercover agent obtained an illegal false
driver's license and used that license to obtain a fictitious medical
marijuana patient card used in the investigation.

The state is appealing Macek's ruling, with the state Supreme Court
granting an extension to the state until Dec. 30 to file its first
brief in the case.

According to Oregon police, Delaine Fitzpatrick and Briere were pulled
over at 12:30 a. m. Pacific Time, Nov. 9 on I-5 for a minor traffic
violation. The officer conducting the stop became suspicious that some
criminal activity was going on, the document says.

Fitzpatrick and Briere denied permission to search the vehicle, and a
police dog was brought in. When the dog, Charger, alerted officers of
the possibility of illegal substances, a search found about 12 pounds
of marijuana in the trunk, the document said.

The suspects were incarcerated in the Douglas County, Ore., jail, with
Fitzpatrick held on $200,000 bail, a representative of the Douglas
County Sheriff's Office said Wednesday. She was arraigned Nov. 11 and
was released at 11:40 a. m. Pacific Time.