Two former medical marijuana providers in Montana – who were cleared of drug charges in 2010 because the undercover cop who busted them used a fake medical marijuana card – are facing new charges after they were busted last month with nearly 13 pounds of marijuana in their home.

The Hill County attorney’s office filed five felony drug possession and distribution charges against Malisa Fitzpatrick of Havre on Thursday and 10 against Delaine “Lainey” Fitzpatrick, the Havre Daily News reported (

Court records say a confidential informant working for the Tri-Agency Safe Trails Task Force and who is not a registered medical marijuana patient purchased marijuana, hashish and a synthetic marijuana called “spice” from the sisters.

People who have tested positive for spice told law enforcement officers they purchased it from the Fitzpatricks with the hope their probation officers would not be able to detect it, court documents said.

In the most recent case, the task force served a search warrant on April 18 after a four-month investigation. Officers found the women had a total of 44 registered medical marijuana patients, which would have allowed them to possess 2.75 pounds of marijuana. Officers seized nearly 13 pounds of marijuana, 44 plants, hashish, marijuana-infused butter and $36,600 in cash.

If true, these allegations mean these sisters were clearly in violation of state law and it’s people like that who make it even harder for legitimate medical marijuana caregivers to operate. And if they were selling “synthetic marijuana” then they had no interest in medicine anyway.

– Joe Klare