Pubdate: Tue, 17 Jan 2012 Source: Helena Independent Record (MT) Copyright: 2012 Helena Independent Record Contact: http://helenair.com/app/contact/letters_to_editor/ Website: http://helenair.com/ Details: http://www.mapinc.org/media/1187 Author: Eve Byron FATHER, SON CANNABIS GROWERS INTEND TO PLEAD GUILTY TODAY As Richard and Justin Flor prepare to enter guilty pleas Tuesday to an unknown number of charges against them surrounding the family's medical marijuana business, new court documents explained how the case was investigated. The Flor family was involved in one of the state's largest medical marijuana operations. In an "offer of proof" filed late last week by the U.S. Attorney's office, it appears that Justin Flor will plead guilty to conspiracy to manufacture, distribute and possess with intent to distribute marijuana. The document doesn't mention any of the other 14 charges filed against him, nor does it mention charges filed against his father, Richard Flor or his plea agreement. However, Richard Flor's attorney, Brad Arndorfer, has requested a change-of-plea hearing too. The government writes that had the matter gone to trial, it would use the testimony of two cooperating witnesses -- who aren't named in the document -- as well as special Drug Enforcement Agency special agents to prove the case against Justin Flor. Both of the cooperating witnesses, identified in court documents as "CW1" and "CW2," appear to be involved in the business end of the medical marijuana enterprise. The first cooperating witness was expected to testify that as far back as 2006, Justin Flor and others grew marijuana outdoors at the Flor family home, where Justin lived with his parents, Richard and Sherry. The witness also claims that the marijuana was stored at the Flor home and distributed to others, including the witness and customers. That witness also told the government prosecutors that in early 2009, the business partners decided to expand outside of the Miles City home, and started growing marijuana in at least one location near Three Forks, as well as in a series of large greenhouses in the old State Nursery Building off of Highway 12 west of Helena. The marijuana was then distributed to locations in Helena, Missoula, Billings and Miles City. The second cooperating witness was involved in managing the money generated by the marijuana sales, according to court documents. The witness was expected to testify that the Flors and their partners deposited money from the sale of the marijuana into bank accounts and used it to compensate themselves and their partners, as well as to finance the continued production and distribution of marijuana. The government also planned to put an Internal Revenue Service agent on the witness stand to testify that more than $1 million was deposited in various accounts. In addition, two DEA agents, Dan Dunlap and Diane Jenkins, were expected to report how they purchased about four ounces of marijuana from one of the Flors at the residence on Oct. 27, 2007, while another agent, Wesley Smith, said he observed more than 30 marijuana plants growing in the yard of their Miles City home. The government also said it could prove that agents confiscated about 950 marijuana plants from the Helena greenhouses, as well as a number of firearms. The Flor family -- Richard, 67, his wife Sherry, 55, and Justin, were arrested in March 2011 after being indicted by a grand jury on 15 counts total including drug manufacturing, possessing and distributing, plus money laundering and possessing a firearm during a drug trafficking offense. In November, Sherry Flor pleaded guilty to conspiracy and money laundering charges, and the other counts were dropped. A hearing was held earlier this month to decide whether Richard Flor was competent to stand trial; he is in the early stages of dementia, according to a psychologist. The psychologist said Flor would have difficulties aiding his defense attorney but is well enough to understand the nature of the offenses against him. Senior U.S. District Court Judge Charles Lovell, who is presiding over the case, didn't rule yet on the competency concerns. Richard Flor allegedly was a partner in Montana Cannabis, one of the state's largest medical marijuana operations. The company was one of numerous medical marijuana businesses across Montana that was raided last March by state and federal agents. Many of the business owners said they believed they were operating within the constraints of a state law allowing "caregivers" to grow and provide medical marijuana to people with certain ailments. However, the federal government argues that marijuana is still considered a dangerous drug and they're focusing raids on medical marijuana nurseries and distributors that also involve large amounts of money changing hands and weapons being involved. In court documents, the Flors had argued that their business complied with state medical marijuana laws and that the federal prosecutors' conduct was "outrageous" when they brought charges against a legitimate business. All three Flors have been released from custody but must check in regularly with federal probation officers. The change of plea hearing for both Richard and Justin Flor is scheduled to begin at 10 a.m. today at the Paul Hatfield Federal Courthouse in Helena. - --- MAP posted-by: Jay Bergstrom