Montana medical marijuana activist Tom Daubert asks for end to probation


Tom Daubert was sentenced to 5 years of probation in September 2012 for a 2011 federal raid on his medical cannabis collective, Montana Cannabis. Daubert maintained his innocence through his trial despite the feds not allowing him to raise Montana’s medical marijuana for his defense, and was able to strike a deal keeping him from 20 years in prison.
But now he says that after five years on probation and watching his former business partners, Richard Flor, die in prison, he says enough is enough.

Daubert, 61, filed last week to request an early termination to his federal probation sentence. According to court documents, Daubert’s attorney argues that Daubert has been a model citizen, follows the laws and is a well-respected person in Montana both before and after the arrest and trial.
Daubert also says that he is the only person caring for his 83-year-old mother after his father died in September. He says that having to notify his probation officer every time he travels is creating an undue burden on the care of his mother.
“Attempting to care adequately for her under these unstable circumstances, while also satisfying the travel and residency constraints of his probation status, has grown steadily more difficult and stressful,” the attorney writes. “Early termination of probation would let Tom properly care for and assist his ailing mother.”
According to court records, Daubert has paid off his $50,000 in fines and 300 hours of community service owed. His attorney concluded by pointing out the waste of money Daubert’s probation is for the feds.
“Continued supervision by the probation department is not necessary to protect the public and ensure that Tom does not reoffend,” he wrote. “The public’s interest in justice has been served. Continuing his sentence of probation costs taxpayers money and diverts scarce federal resources from more important tasks that do affect public safety.”
Daubert’s timing no doubt is in part due to recent federal memos saying that people operating state-legal marijuana recreational and medical establishments will be left alone so long as they follow state laws.