Pubdate: Wed, 04 Apr 2012
Source: Great Falls Tribune (MT)
Copyright: 2012 Great Falls Tribune
Contact: http://www.greatfallstribune.com/customerservice/contactus.html
Website: http://www.greatfallstribune.com/
Details: http://www.mapinc.org/media/2502
Author: Matt Volz

MEDICAL MARIJUANA PROVIDERS SUING GOVERNMENT ARRESTED

HELENA - Four of the six medical marijuana providers who are suing 
the U.S. government over last year's raids of pot businesses across 
Montana have been arrested on federal drug charges, their lawyer in 
the civil lawsuit said Tuesday.

The medical marijuana businesses of the four plaintiffs arrested 
Tuesday and last Thursday were among more than 26 homes, businesses 
and warehouses searched in sweeping raids last spring that shut down 
many providers and cast a pall over Montana's booming pot business.

The lawsuit, which challenges the constitutionality of raiding 
medical marijuana providers who were operating under a voter-approved 
Montana law, is before the 9th U.S. Circuit Court of Appeals after a 
district judge rejected their claims in January.

The attorney in the lawsuit, Paul Livingston of New Mexico, said he 
did not know why the plaintiffs in the lawsuit are being targeted now.

"It seems senseless to us. It's as if the government wants to show 
how devastating they can be to people's lives because they're 
involved in this business," Livingston said.

One of those arrested, Randy Leibenguth of Belgrade, said he does not 
believe the timing of the arrests has anything to do with the civil 
lawsuit. His business, MCM Caregivers, was raided in March 2011.

"They were taking a year to gather information to come up with a good 
case and make it hard for us to fight back," he said Tuesday.

U.S. Attorney's Office spokeswoman Jessica Fehr said federal 
prosecutors did not have comment on the new arrests. Federal 
prosecutors have repeatedly refused to comment on the raids and 
subsequent prosecution of medical marijuana providers.

Leibenguth and another Belgrade medical marijuana provider, Luke 
Mulvaugh, were arrested last Thursday along with Leibenguth's wife, 
Stephanie. They spent five days in jail before being released on 
Monday, Leibenguth said.

They were indicted on charges of conspiracy to manufacture marijuana, 
manufacture and distribution of marijuana and possession with intent 
to distribute marijuana, according to court documents. The conspiracy 
charge carries a minimum of 10 years to life in prison and a $5 
million fine if convicted, while the two other charges carry a 
punishment of at least five years in prison each.

Paul Schmidt of Sleeping Giant Caregivers in Helena and Chris 
Williams of Montana Cannabis, which had locations across the state, 
were indicted Tuesday, Livingston said. Copies of the charging papers 
were not immediately available.

A fifth plaintiff in the lawsuit was not raided last spring, while 
the sixth plaintiff has already pleaded guilty to earlier charges 
related to the raids, Livingston said.

Chris Lindsey, the former attorney for Montana Cannabis, also was 
indicted on Tuesday on conspiracy, marijuana manufacturing and 
firearm possession charges. He is not a plaintiff in the lawsuit.

Williams has been particularly outspoken in his criticism of the 
raids. He told The Associated Press last month that he expected to be 
arrested and that he planned to fight the charges instead of taking a 
plea deal like many other raided pot providers.

The plaintiffs in the lawsuit against the federal government say the 
heavy-handed governmental approach has countermanded the will of 
Montana voters who approved the state's medical marijuana law in 2004 
that allowed them to grow and produce the drug for medical consumption.

U.S. District Judge Donald Molloy dismissed their claims in January, 
ruling that state law does not shield medical marijuana providers 
from federal prosecution. He cited a 2005 U.S. Supreme Court decision 
that said the supremacy clause applies in medical marijuana cases.

The supremacy clause says that federal law prevails if there is any 
conflict between state and federal statutes.

The plaintiffs have appealed, and Livingston said the lawsuit is an 
important test of the division between federal and state laws 
regulating the use of marijuana.

"It demonstrates the clash between the government and the states 
which have made it legal," Livingston said. "The government has just 
devastated the business, the industry and the caregivers in a 
seemingly senseless way."
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MAP posted-by: Jay Bergstrom