Charges filed for woman buste with pot plants
Maureen English Hotchkiss is facing five felonies after law enforcement officials arrested her on Monday, March 21.
Deputy Jim Balenger said that there was information that she was growing marijuana to be sold and upon the issuing of a search warrant, they entered her home.
In papers filed by Mineral County Attorney Marcia Boris, Hotchkiss is facing five charges: driving under the influence of alcohol or drugs, criminal production of dangerous drugs, criminal possession of dangerous drugs, criminal possession with intent to distribute dangerous drugs and use or possession of property subject to criminal forfieture.
For count one, driving under the influence, a felony, the maximum penalty Hotchkiss faces for the offense is commitment to the Department of Corrections for 13 months, followed by a suspended commitment to the Department of Corrections for five years. She would also be required to complete residential alcohol treatment and imposition of a fine.
The charging documents also bring to light that this is her fourth offense having been convicted before on three other occasions. She was convicted on October 12, 1991 and December 5, 1992 in Mineral County and faced another conviction in October 1995 in Kalispell City Court.
The maximum penalty for count two, criminal production of dangerous drugs, is imprisonment in the Montana State Prison for a term of not less than two years or more than life, a fine of no more than $50,000 or both.
On count three, criminal possession of dangerous drugs, the charging documents state that Hotchkiss possessed marijuana in an amount exceeding 60 grams. If convicted, she could face an imprisonment term of five years, a fine of $50,000 or both.
On county four, the intent to distribute dangerous drugs, Hotchkiss could face a maximum penalty of 20 years and a fine of $50,000.
Finally, on count five, Hotchkiss was charged with use or possession of property subject to criminal forfeiture. The papers state that on or about March 21, along South Side Road, near mile marker four, she knowingly possessed, owned, used or attempted to use a vehicle to deliver, contain or convey dangerous drugs. Hotchkiss could face a maximum penalty of ten years in the Montana State Prison and the forfeiture of property if convicted.
Balenger worked with Tim Case and Deputy Bettis to complete the bust. He said that when they went into the house, they located marijuana in the shed, where grow lights were in use. Balenger said that marijuana was all over the house.
In November 2004, Montana passed Initiative 148, allowing certain patients with specific medical conditions to alleviate their symptoms through the limited use of marijuana under medical supervision.
The new law also allows qualified patients and their caregivers to grow and/or possess a restricted number of marijuana plants.
Montana was the tenth state to pass a medical marijuana law. Under federal law, it is still illegal to grow, sell, purchase, or use marijuana, even for health-related reasons. Currently, House Bill 161, which is in the legislature this year, is trying to repeal Initiative 148.