FAIRMONT — A Fairmont man is facing a felony charge in Martin County.

Jason Robert Hybbert, 34, has been charged with drug possession in the fifth degree, which carries a maximum penalty of five years in prison and a $10,000 fine.

According to the complaint:

On Sept. 18, a Fairmont police officer was checking an apartment complex in the 100 block of West First Street in Fairmont for an individual who had an active warrant for his arrest. When the officer entered the complex, he could immediately smell the odor of marijuana in the hallway. The officer believed the odor to be originating from a specific apartment, and continued down the hallway to the apartment of the individual he was seeking.

The officer received no response from the apartment, so returned to the apartment where the smell originated.

Hybbert answered the door and the officer made conversation with him about the individual he was looking for. The officer then asked about the odor, and Hybbert said he did not know why there was an odor of marijuana.

The officer asked if there was marijuana in the apartment, and Hybbert produced a glass mason jar half-filled with marijuana buds, but denied there was anything else in the apartment. Hybbert agreed to allow the officer to look around the apartment, discovering more marijuana in the process.

Another officer arrived and asked Hybbert if he had a felony amount of weed. Hybbert replied “probably.” Hybbert then asked if he was going to jail, and the officers said it depended on the marijuana. Hybbert then told the officers to go upstairs and look.

The officers asked if Hybbert was giving them permission to do so, and Hybbert then said, “No. Get a warrant, I guess.” Hybbert was then placed under arrest. The officers then performed a security sweep of the apartment and discovered multiple marijuana plants.

One officer stayed to secure the apartment while a search warrant was obtained. Hybbert was then transported to the Martin County jail. After a warrant was obtained, officers discovered 12 potted marijuana plants, several items of drug paraphernalia and more marijuana and marijuana wax.

Hybbert was read his rights and agreed to answer questions. Prior to the interview, Hybbert said, “I have a grow for myself, and I like smoking pot.” Hybbert admitted to having the grow in his residence for about six months. Hybbert also admitted the marijuana wax was his, but would not say where he obtained it.