BY MAIRE O’NEILL
A criminal summons has been issued by Los Alamos Magistrate Court for James Fallon, 56 of Los Alamos in connection with six marijuana plants seized earlier this month at his residence.
According to Court documents, Los Alamos Police Department Det. Ryan Wolking received a tip that there was an indoor marijuana grow at a home on San Ildefonso Road. On Jan. 29, Wolking’s statement of probable cause indicates that he drove past the residence and could see the silhouette of a suspected marijuana plants behind a black plastic bag stretched across a window because of a light or lamp behind them.
The following day, when Wolking returned the window was no longer covered and he took photos of the plants. On investigation, he determined that although Fallon possessed a medical marijuana card allowing him to have up to eight ounces of marijuana, he did not possess a personal production which would have allowed him to grow it.
A search warrant was executed Feb. 5 and the statement of probable cause says Fallon acknowledged growing the plants but said he believed his card allowed him to do so. The total weight of the plants was 173.2 ounces according to Wolking’s report which noted that the plants would weigh less when dried but clearly more than eight ounces.
Six plants without buds were allegedly seized as well as multiple bags of marijuana seeds and Fallon was notified that he would be receiving a criminal summons. The summons, issued Feb. 15, orders Fallon to appear Mar. 4 in Magistrate Court. He is charged with possession of marijuana – over eight ounces, a felony.