In Fed v State Power Struggle, Park County Attorney Linneweber Chooses to Aid Feds

Ambitious Park County Attorney Brett Linneweber of Livingston apparently is using his elected position for brownie points with the feds.  November 13, 182 marijuana plants were seized from a Livingston home.  Using the typical “seize now, ask questions later” policy, Linneweber said that he had yet to be able to determine whether the plants were legal under state law because “other matters have taken priority”.   Although there is a state registry available to law enforcement 24 hours a day, 7 days a week, he has been too busy to determine the legality of the plants?  A simple phone call takes too long?  He hasn’t had time since November 13?

Never mind anyway.  Linneweber also stated that if he does find that the grow was legal under our state law, he will simply turn the investigation over to the federal government who would certainly find it interesting that anyone would dare grow so many plants under STATE laws allowing it.  In addition, officials seem to be deferring to I-148 as parts of SB-423 are caught up in litigation.  From the Livingston Enterprise:

The deputies took the plants because even if they turn out to be legal under Montana’s medical marijuana law, federal law prohibits growth and use of the drug, Linneweber said Friday.

Montana’s medical marijuana law — parts of which were revised by the last Legislature and are now caught up in litigation — permits use of the drug in some instances.

Given the current state of that law being caught up in court, law enforcement is referring to limits set by the previous state law, Linneweber said. That law stated a patient could have up to six mature plants for personal use and that medical marijuana providers could have up to six plants per patient.

Given those limits, the number of plants found in the Green Acres home makes it unlikely that the grow was legal, Linneweber said. And even if it’s found to be legal under Montana law, marijuana is still banned under federal law, he said.

While marijuana is prohibited under federal statutes, the Obama administration has said it won’t make prosecution of medical marijuana a priority.

Linneweber said local law enforcement officials typically defer to Montana rules regarding amounts of allowable marijuana rather than the federal law, which would permit no marijuana possession. But the number of plants found in the home Sunday is significant and likely is something federal agents would want to know about, he said.

“On 182 plants, it’s very rare that a provider … is entitled to have that many plants,” he said. “Further, the feds are generally interested in pursuing (an investigation in a case involving) that amount.”

Linneweber said that if the seized marijuana turns out to be legal under Montana law, he plans to refer the case to federal agents.

Who does Park County Attorney Brett Linneweber work for anyway?  Elected county officials are under no obligation to assist federal agencies in investigations for federal crimes that are legal under state law.  I would consider any such activity to be wanton waste of local funds and blatant disregard of state law.   Please call County Attorney Linneweber to ask him why he is ignoring Montana voters.  Contact information available below.

3 thoughts on “In Fed v State Power Struggle, Park County Attorney Linneweber Chooses to Aid Feds

  1. Park County Attorney Brett Linneweber

    8:00 AM to 12:00 PM
    1:00 PM to 5:00 PM Weekdays
    PHONE: 406-222- 4150
    FAX: 406-222-4152

    Park County Sheriff: M. Allan Lutes
    Park County UnderSheriff: Scott Hamilton
    Non-emergency– (406) 222-2050
    Business/Civil –(406) 222-4172
    Fax number – (406) 222-4175

    Who signs their paychecks. MT citizens or the DoJ?
    Someone who lives in Park County should file a formal complaint to the MT attorney general.

  2. Brett Linneweber is scum! He regularly abuses his power filing outrageous non sensical charges that are later thrown out of court. One example is when he filed an arrest warrant for aggravated kidnapping, the individual charged was the grand parent of the child and was the rightfull guardian of the child. After the case was moved out of park county, a judge in sweet grass county was shocked and disgusted by the outrageous charges filed by Mr. Linneweber. The sweetgrass county judge threw out the case and ripped Mr. Linneweber a new one for his sick and slimy actions against the respectable and law abiding park county grandparent.

    More disturbing than Mr. Linneweber’s abuse of his elected position is the fact that he is running for Judge in park county. Make the right choice and do not allow this scumbag to hold a real position of power after the 2012 park county election.

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