Washington man busted for having too much pot

BREMERTON, Wash. -- A Bremerton man is facing prison time and the loss of his home for growing too much marijuana. He smokes pot for medical reasons, but the prosecutor says he was intending to give away his extra marijuana.

The problem is, the state hasn't defined how much, is too much.

Robert Dalton can smoke and grow marijuana legally. He suffers from chronic back pain and has a medical marijuana prescription for it -- a law approved by voters 10 years ago.

"I have all the medical authorizations I need," he says.

But now, the 61-year-old is on trial for allegedly growing too much, with intent to give the overflow to others. That's illegal.

"The defendant indicated that he was supplying two ladies with marijuana," said Deputy Kitsap County Prosecutor Coreen Schnefs. Dalton denies he was going to distribute the plants to anyone else.

Police spotted Dalton's plants from the air. When approached, Dalton gave police a tour of his plants and took pictures. They later showed up with a search warrant, uprooting his 22 mature pot plants and dozens of immature plants, claiming they were more than the legal limit of a 60-day supply.

The problem is, the state has yet to define how much is a 60 day supply.

"Attempts to define it are difficult, you are dealing with growing plants," said Douglas Hiatt, Dalton's attorney. "You never know what the heck is going to happen, just like when people plant a bunch of tomatoes, you know, they don't know how many tomatoes they are going to get."

The state health department is working on defining a 60 day limit -- something all sides are waiting for. The proposal calls for 24 ounces - or 6 mature plants. Dalton had 22 mature plants.

They hope to have the ruling as soon as next month.

In the meantime, Dalton says he's being prosecuted simply because, "Kitsap County has a very strong hand and they are very anti medical marijuana over here."

The Kitsap County prosecutor says this is not a case about the 60 day limit, but about a man who grew marijuana legally, with the intent to give it away. By giving it to someone else, it's a crime.