Pubdate: Tue, 16 Aug 2011
Source: Flathead Beacon, The (Kalispell, MT)
Copyright: 2011 Flathead Beacon
Contact:  http://www.flatheadbeacon.com/
Details: http://www.mapinc.org/media/4870
Author: Molly Priddy

Sentencing Scheduled For Oct. 20; Both Face Five-Year Suspended Sentences

MEN PLEAD NO CONTEST TO MEDICAL POT TRANSFER

Two men accused of an illegal medical marijuana transaction entered 
pleas of no contest to felony drug charges last week.

Lief Erickson and Robin Ruiz were charged with criminal possession 
with intent to distribute drugs after law enforcement found three 
pounds of marijuana and THC-infused honey in their vehicle during a 
traffic stop in February.

Investigators alleged that Erickson and Ruiz were delivering the 
marijuana to a medical marijuana provider in Great Falls.

Erickson's attorney, Chris Lindsey of Missoula, argued that he was 
within his rights as a medical marijuana provider, or "caregiver," 
because the Montana Medical Marijuana Act allows 
caregiver-to-caregiver transactions.

Erickson changed his not-guilty plea to "no contest" on Aug. 8 as 
part of a deal with the Flathead County Attorney's office. In 
exchange for his plea, prosecutors agreed to recommend a five-year 
suspended sentence, during which Erickson will be on probation.

Ruiz, who changed his plea on Aug. 11, faces the same sentencing 
recommendations in his plea agreement.

Erickson's and Ruiz's cases were part of a larger case concerning 
medical marijuana, in which Lindsey and Kalispell attorney Timothy 
Baldwin attempted to clarify caregiver-to-caregiver transactions.

The complaint, filed this spring as Montana Medical Growers 
Association vs. (Flathead County Attorney) Ed Corrigan, sought 
declaratory judgment to determine that a medical marijuana caregiver 
can legally "deliver, transport or transfer marijuana and its 
paraphernalia to another caregiver" either themselves or through an agent.

Medical marijuana proponents, such as MMGA Executive Director Jim 
Gingery, said caregiver-to-caregiver transactions are a legitimate, 
necessary way for new growers to get started with plants.

The complaint also asserted that without caregiver-to-caregiver 
transactions, it would be impossible to fulfill the part of state law 
stating that caregivers can possess enough medical marijuana "in an 
amount that is reasonably necessary to ensure [its] uninterrupted 
availability."

In interviews with the Beacon earlier this year, Lindsey said 
Erickson's and Ruiz's charges presented an opportunity in Flathead 
County to pursue the declaratory judgment.

However, in his July decision, District Court Judge Stewart Stadler 
concluded that the state medical marijuana law did not allow 
caregivers to provide medical pot to anyone other than their 
qualifying patients.

Stadler wrote that MMGA might have a case if state law was ambiguous 
in regard to whom a caregiver can provide medical marijuana.

However, no such ambiguity exists; rather, the clear and unambiguous 
language of (the) Act permits caregivers 'to provide marijuana only 
to qualifying patients who have named the applicant as caregiver,'" 
Stadler wrote.

The intention of this language is straightforward," the judge 
continued. "Entertaining (MMGA's) invitation to engage in further 
interpretation of the Act would necessarily entail turning a blind 
eye to one of its explicit provisions. This the Court may not do."

As for the assertion that caregivers must maintain an uninterrupted 
supply, Stadler stated there is no language in state law that 
specifically accepts caregiver-to-caregiver transactions as a 
possibility in coverage.

Lindsey sought similar declaratory judgment in Missoula County and 
was denied there as well. He said he would appeal the Missoula ruling 
in state Supreme Court.

Erickson and Ruiz are scheduled for sentencing on Oct. 20.
- ---
MAP posted-by: Keith Brilhart