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.