P.S. If you look a little deeper into the laws of Montana (or any state), you'll find that prosecutors are given discretion to prosecute or to abstain from prosecuting violations of law.
But, beyond all that, think about what Jefferson, Madison or Washington might have thought about searching one of their Virginia neighbor's farms and prosecuting him for having some disfavored dead plants on the farm. There is a reason that we have trouble imaigining them supporting such conduct. They really did believe in limited government and liberty. It wasn't just a lot of talk for them.
LOL, great, a pot head.