Judge rejects lifting probation for Thomas Daubert

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MISSOULA, Mont. (AP) - A federal judge has rejected a request by a former medical marijuana provider to be released from probation early so he could rebuild his career and visit his ailing mother without travel restrictions.

Thomas Daubert, a lobbyist and consultant who helped draft Montana’s 2004 medical marijuana ballot initiative, was a founder of a medical marijuana business that was shut down during a statewide crackdown in 2011. In September 2012, Daubert was sentenced to five years on probation for maintaining a drug-involved premises.

Last month, Daubert asked for his probation to be lifted so he could rebuild his career and tend to his ailing mother without travel restrictions.

On Monday, U.S. District Judge Dana Christensen denied his request because Daubert doesn’t “meet the exceptional circumstances required for early termination.”

Attorney Peter Lacny said Daubert has paid his extensive fines in full and had gone far and above the community service component of his sentence by writing multiple grants for local nonprofits.

“We felt that with what Tom had done and his need to travel. … We thought it would be appropriate to end it,” Lacny told the Missoulian in a story published Wednesday (http://bit.ly/1hqBFvh).

Christensen noted that Daubert was granted leniency in his original sentencing and that he can still obtain permission to travel to Pennsylvania to care for his mother.

“The ailing health of defendant’s mother, while unfortunate, does not warrant complete termination of probation because defendant can easily satisfy the conditions of his probation while caring for his mother,” Christensen wrote.

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Information from: Missoulian, http://www.missoulian.com

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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