Two Havre women awaiting an appeal to the state Supreme Court on charges they broke state drug laws while being medical marijuana caregivers are back in jail awaiting new drug charges.
Agent Aaron Wittmer of the Tri-Agency Safe Trails Task Force confirmed this morning that task force agents on Wednesday afternoon arrested Delaine Fitzpatrick, born in 1977, and her sister Malisa Fitzpatrick, born in 1982.
The Fitzpatricks were in the Hill County Detention Center this morning, with no bond set as yet, for possession of dangerous drugs with the intent to sell. Formal charges still are pending.
Wittmer said he could not comment on the arrest because the case has been referred to a higher jurisdiction in the state and the task force is awaiting a decision on that referral.
Jeremy Yellin, who represented Delaine Fitzpatrick in the case awaiting a hearing in the Supreme Court, could not be reached for comment this morning.
The Fitzpatricks were arrested in 2010 after an undercover operation in which the undercover agent said they had sold marijuana to him although he was not their registered patient, and that they had sold more to him than was allowed under Montana’s medical marijuana law.
Judge Julie Macek dismissed the case, with her reasons including that the undercover agent had used a false driver’s license to obtain a false medical marijuana patient card.
The state appealed the decision, and the case still is pending before the Supreme Court.
Delaine Fitzpatrick also is facing additional charges in Oregon.
She and Havreite Garret Briere were arrested on U. S. Interstate 5 near Roseburg, Ore., after officers found 12 pounds of marijuana in the trunk of the white 2002 Chevrolet Malibu that Briere was driving and Delaine Fitzpatrick was riding in.
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 became suspicious, and a police dog was brought in and indicated illegal substances were present in the trunk.