The couple spent some time discussing the statutes with police, who ultimately declined to issue possession charges at the scene, and instead deferred the matter to the Baraboo City Attorney Mark Reitz for possible prosecution as a city ordinance violation.

“If the person in possession of the marijuana had a valid prescription, then that is valid in Wisconsin,” Reitz said shortly after the incident.

Police focused their investigation on determining whether the prescriptions were valid.

In an email Lee sent to the couple Oct. 23 at the conclusion of his investigation, the police sergeant said he spoke with Dr. Zorba Paster of Dean Clinic in Oregon, Wisconsin, who recommended medical marijuana.

“After speaking to him I believe that the letter you received from him in 2012 could be interpreted as a ‘medical order,’” the statement says. “Due to this, there will be no charges or citations from this agency.”

In his police report, Det. Drexler reached the same conclusion.

“It would appear at this time that they would be under the law with the statutes provided,” he stated.