Jacob Bell
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HELENA – A judge on Thursday ordered a medical marijuana provider to undergo a mental evaluation, delaying a much-anticipated ruling on whether the federal drug laws the provider is accused of breaking trump the Montana law regulating medical pot that he claimed to follow.
U.S. District Judge Charles Lovell suspended all proceedings until the evaluation can take place, but said he was ready to rule on whether to grant prosecutors' request to exclude mention of state medical marijuana laws from the trial of Richard Flor and his son, Justin Flor.
That decision is likely to have implications in other cases where medical marijuana providers say their compliance with state laws should protect them from prosecution.
"The controversy is presented here in part as to what happens when Montana law collides with federal law," Lovell said.
Lovell did not say how he would rule, but he cited the U.S. Constitution's supremacy clause, which says federal law is the supreme law of the land. The judge called the clause "the bedrock rule for any conflict between federal law and the law of Montana."
The charges the Flors are accused of – including possession, distribution and conspiracy charges – are clearly illegal in federal statutes, the judge said.
But "in the face of that, the people of Montana have adopted by initiative this medical marijuana law," Lovell said.
The judge said he would have ruled on the question at Thursday's hearing, except that the day before, Richard Flor's attorney requested all the proceedings be delayed for the mental examination.
Attorney Brad Arndorfer said he realized Monday, after spending two hours with his client, that Flor may not be capable of testifying in his own defense.
"He's having thought-pattern problems," Arndorfer said. "I don't think he'd be capable of telling a coherent story."
Arndorfer said Flor has a slew of medical problems ranging from severe diabetes to congestive heart failure and he wants to make sure that there is no other problem, such as Alzheimer's or dementia.
Federal prosecutors agreed to the evaluation. Lovell ordered Flor to report to U.S. marshals to check into a federal hospital for a physical and mental examination to be completed within a month.
The Oct. 31 trial and all pending motions have been delayed until further notice, Lovell said.
Assistant U.S. Attorney Joseph Thaggard declined to comment after the hearing. Arndorfer said he doesn't believe that Lovell's recitation of the Constitution's supremacy clause is an indication that he will rule to ban testimony about state medical marijuana law from the trial.
"I'm hoping we've still got a chance," he said.
Federal agents executed 26 search warrants and seized several bank accounts on March 14 in what the Department of Justice called part of a long-term investigation into drug trafficking in the state. The raids happened as the state Legislature was considering severe restrictions to who can use and distribute medical marijuana, a bill that eventually passed but is now being challenged in court.
The new law is meant to tighten the voter-passed initiative that legalized medical marijuana in 2005. The legalization led to a boom after the Department of Justice indicated in 2009 that it would not pursue prosecution of individuals in compliance with state laws.
The Flors were involved in one of the largest medical marijuana providers in the raids, Montana Cannabis, which has closed. Richard Flor was partners in the operation with Tom Daubert and Chris Williams, neither of whom has been charged with a crime.
The Flors are accused of growing marijuana at their Miles City home and at locations in Helena and Three Forks, and distributing the drug across the state. Richard Flors' wife, Sherry, also was charged but has reached a plea agreement with prosecutors that was pending before the judge.
At least six other medical marijuana growers and providers involved in the raids have pleaded guilty to similar charges.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: bozemandailychronicle.com
Contact: Contact Us
Copyright: The Bozeman Daily Chronicle
Website: Judge orders examination for medical pot provider
U.S. District Judge Charles Lovell suspended all proceedings until the evaluation can take place, but said he was ready to rule on whether to grant prosecutors' request to exclude mention of state medical marijuana laws from the trial of Richard Flor and his son, Justin Flor.
That decision is likely to have implications in other cases where medical marijuana providers say their compliance with state laws should protect them from prosecution.
"The controversy is presented here in part as to what happens when Montana law collides with federal law," Lovell said.
Lovell did not say how he would rule, but he cited the U.S. Constitution's supremacy clause, which says federal law is the supreme law of the land. The judge called the clause "the bedrock rule for any conflict between federal law and the law of Montana."
The charges the Flors are accused of – including possession, distribution and conspiracy charges – are clearly illegal in federal statutes, the judge said.
But "in the face of that, the people of Montana have adopted by initiative this medical marijuana law," Lovell said.
The judge said he would have ruled on the question at Thursday's hearing, except that the day before, Richard Flor's attorney requested all the proceedings be delayed for the mental examination.
Attorney Brad Arndorfer said he realized Monday, after spending two hours with his client, that Flor may not be capable of testifying in his own defense.
"He's having thought-pattern problems," Arndorfer said. "I don't think he'd be capable of telling a coherent story."
Arndorfer said Flor has a slew of medical problems ranging from severe diabetes to congestive heart failure and he wants to make sure that there is no other problem, such as Alzheimer's or dementia.
Federal prosecutors agreed to the evaluation. Lovell ordered Flor to report to U.S. marshals to check into a federal hospital for a physical and mental examination to be completed within a month.
The Oct. 31 trial and all pending motions have been delayed until further notice, Lovell said.
Assistant U.S. Attorney Joseph Thaggard declined to comment after the hearing. Arndorfer said he doesn't believe that Lovell's recitation of the Constitution's supremacy clause is an indication that he will rule to ban testimony about state medical marijuana law from the trial.
"I'm hoping we've still got a chance," he said.
Federal agents executed 26 search warrants and seized several bank accounts on March 14 in what the Department of Justice called part of a long-term investigation into drug trafficking in the state. The raids happened as the state Legislature was considering severe restrictions to who can use and distribute medical marijuana, a bill that eventually passed but is now being challenged in court.
The new law is meant to tighten the voter-passed initiative that legalized medical marijuana in 2005. The legalization led to a boom after the Department of Justice indicated in 2009 that it would not pursue prosecution of individuals in compliance with state laws.
The Flors were involved in one of the largest medical marijuana providers in the raids, Montana Cannabis, which has closed. Richard Flor was partners in the operation with Tom Daubert and Chris Williams, neither of whom has been charged with a crime.
The Flors are accused of growing marijuana at their Miles City home and at locations in Helena and Three Forks, and distributing the drug across the state. Richard Flors' wife, Sherry, also was charged but has reached a plea agreement with prosecutors that was pending before the judge.
At least six other medical marijuana growers and providers involved in the raids have pleaded guilty to similar charges.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: bozemandailychronicle.com
Contact: Contact Us
Copyright: The Bozeman Daily Chronicle
Website: Judge orders examination for medical pot provider
