The man found with 85 marijuana plants, 52.66 pounds of marijuana and drug paraphernalia on Oct. 21, 2014, has been sentenced.
The man found with 85 marijuana plants, 52.66 pounds of marijuana and drug paraphernalia on Oct. 21, 2014, has been sentenced.
David Alexander McFadden, 26, of Naalehu, pleaded no contest to commercial promotion of marijuana in the second degree and was sentenced to four years of probation, according to court documents. The agreement saw the dismissal of charges of two counts of commercial promotion of marijuana in the first, three counts of prohibited acts related to drug paraphernalia.
The case began when law enforcement officers responded to a barking dog violation. Officers’ affidavits said they could see plants behind a screen and when one of the dogs fled down the ramp, they could see seedlings growing.
Much of the case revolved around the fact police never sought a warrant and used the presence of the dogs as an excuse to go down the ramp, according to court documents.
McFadden and his girlfriend had four valid medical marijuana permits, which would allow for 28 plants. A fifth one had expired earlier that year.
When the home was searched, officers found a bag holding 19 pounds of dried marijuana in various bags and additional bags on the lower level holding a total of 33 pounds.
Police said when they searched his house they found a “large sum of money” in a box, held together with rubber bands, according to court documents.
Email Graham Milldrum at gmilldrum@westhawaiitoday.com.