Judge Dismisses Felony Drug Charge

The felony charge of possession of dangerous drugs against Jason Daniel Daugherty was dismissed by District Judge David Cybulski at the end of a hearing on Wednesday, Aug. 14.

Defense attorney Jeremy Yellin’s argument was that the felony charge was based on only residue and, therefore, the charge should have been only a misdemeanor possession of drug paraphernalia.

Yellin said that in state law there’s a distinction between residue of a dangerous drug and possession of dangerous drugs.

Roosevelt County Attorney Theresa Diekhans explained it’s criminal to possess “any” amount of dangerous drugs.

Diekhans argued that the state doesn’t require a certain measurement of meth for the charge of criminal possession. She added that a lot of times law enforcement becomes involves after drugs have already been digested. She stressed that the state doesn’t want people in possession of using dangerous drugs at all.

The analysis from the criminal drug lab in the case was that it was a testable amount of residue.

Yellin said that Montana Code Annotated 45-10-102(5) reads that paraphernalia consists of the existence of any residue of dangerous drugs on the object. He noted there’s a distinction between possession of dangerous drugs and possession of drug paraphernalia.

“In my mind, there’s a huge dividing line,” he said. “This is not a dangerous drugs case, it’s a residue case.”

Diekhans noted there was proof of existence of dangerous drugs.

Judge Cybulski commented there needs to be an amount to be measured.

Diekhans said the Legislature made the statement that you shall not possess dangerous drugs.

“If the crime lab can test it, there’s a case there,” she added.

Cybulski dismissed the felony charge. He said the state law reads that if it’s residue, it’s drug paraphernalia.

Diekhans said she “completely disagrees” with the argument by Yellin and the conclusion by Cybulski. She said she will appeal the decision.