DILLON
A Dillon man facing felony charges for growing a large quantity of marijuana for which he had a prescription has died. Scott Day, who suffered from a painful congenital disease, died at his house Tuesday of natural causes as a consequence of his illness, Beaverhead County Coroner Ron Briggs said. Day was 34. Day suffered from muccopolysaccharidosis, a rare, congenital disease in which the body is unable to produce certain enzymes. Day said marijuana provided relief from his symptoms, which included severe arthritis, joint pain and muscle spasms. Day and his wife, Summer Sutton-Day were facing charges of production, possession and intent to distribute dangerous drugs, all felonies. The charges were filed following a Feb. 1 raid on their home north of Dillon in which law officers seized 96 marijuana plants. The couple said the plants were needed to cope with the pain of a variety of medical ailments, and they both had a doctor's prescription. However, prosecutors say they didn't apply for marijuana registry cards until after the raid. Prosecutors said the bust put a major growing operation out of business. Day said he had so many plants because he was trying to find the right strain of marijuana to treat different symptoms. "If somebody was manufacturing something to sell, they would have a couple of high-yielding varieties and that would be it, but that's nothing like what I had," Day said in March. In late March, District Judge Loren Tucker ruled that Day and Sutton-Day should be allowed to use medical marijuana while the case was pending. Sutton-Day said her husband's illness was exacerbated by the fear of losing his eligibility for Medicaid if he were convicted of a felony. "Any felony charges that he would have been convicted of would have ended his medical insurance and that would have ended his life," Sutton-Day said Wednesday. "Nobody could pay for $40,000 a month." Tom Daubert of Helena, director of pro-medical marijuana group Patients and Families United called the prosecution of Day "a functional death sentence." Beaverhead County Attorney Jed Fitch said the Day case caused him "a lot of heartburn" because of Day's poor health, but said there was evidence the law had been broken. "He was definitely sick and I agreed that if anybody should get medical marijuana status, Scott Day should," Fitch said. "But he didn't even apply for the marijuana registry card until after the bust was made at his house." Daubert and other advocates are asking that charges against Sutton-Day be dropped. Fitch said he hasn't made a decision on whether to continue prosecuting the case. Funeral arrangements for Day are pending.
