Jacob Bell
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Two men behind a lawsuit aimed at clarifying Montana's laws on caregiver-to-caregiver medical marijuana transfers now have pleaded no contest to felony drug charges in Flathead District Court.
Robin Ruiz and Lief Erickson were arrested Feb. 3 on U.S. 2 near Lake Five Road after law enforcement officials found more than three pounds of marijuana in the vehicle in which they were traveling.
The Medical Marijuana Growers Association subsequently sued Flathead County Attorney Ed Corrigan, claiming that the men were legally transferring marijuana as a registered caregiver and patient.
In late July, District Judge Stewart Stadler dispelled that assertion when he issued a summary judgment order in which he wrote that the Medical Marijuana Act does not allow for exchanges of marijuana between caregivers.
On Thursday during a hearing before District Judge David Ortley Ruiz, a registered caregiver, changed his previous not-guilty plea to no contest on a felony charge of criminal possession with intent to distribute.
The about-face came after Erickson signed a plea agreement Monday agreeing to plead no contest to the same charge and potentially testify against Ruiz.
Timothy Baldwin,the attorney for Ruiz, submitted a plea agreement to Ortley on Thursday.
Ruiz took the stand and told Ortley he understood the ramifications of a no contest plea, which is essentially an acknowledgment that there is enough evidence for a conviction but not an admission of guilt. It has the same practical effect as a guilty plea.
During questioning from Baldwin, Ruiz said that prior to his arrest a representative of the Montana Attorney General's Office had told him the transactions were legal.
"I was under that impression and had actually sought clarification of the law," Ruiz said.
Baldwin said he had received similar assurances from an employee at the Montana Department of Public Health and Human Services, but admitted that neither he nor Ruiz were able to convince either of the officials to put their statements in writing.
"I don't know how I could prove that portion of the testimony and it's kind of moot at this point," Ruiz said.
He added that "with the political winds being as they are, they're not willing to put that on paper."
Baldwin read aloud a list of witnesses the Flathead County Attorney's Office had planned to call had the case gone to trial. That list included a half dozen people from the Flathead County Sheriff's Office, and Baldwin noted that Erickson also potentially could testify.
"Given the potential statements from the list of witnesses, I believe there is a possibility that I could be found guilty," Ruiz said.
Missoula District Judge John Larson also has ruled that caregiver-to-caregiver transactions are not legal. That case is being appealed to the Montana Supreme Court by Chris Lindsey, the same attorney representing Erickson.
Sentencing for Erickson and Ruiz is scheduled for Oct. 20. Prosecutors are recommending five-year suspended sentences for both men, according to the plea agreements.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: dailyinterlake.com
Author: Eric Schwartz
Contact: Contact Us
Copyright: Daily Inter Lake
Website: Two change pleas in pot-transfer case
Robin Ruiz and Lief Erickson were arrested Feb. 3 on U.S. 2 near Lake Five Road after law enforcement officials found more than three pounds of marijuana in the vehicle in which they were traveling.
The Medical Marijuana Growers Association subsequently sued Flathead County Attorney Ed Corrigan, claiming that the men were legally transferring marijuana as a registered caregiver and patient.
In late July, District Judge Stewart Stadler dispelled that assertion when he issued a summary judgment order in which he wrote that the Medical Marijuana Act does not allow for exchanges of marijuana between caregivers.
On Thursday during a hearing before District Judge David Ortley Ruiz, a registered caregiver, changed his previous not-guilty plea to no contest on a felony charge of criminal possession with intent to distribute.
The about-face came after Erickson signed a plea agreement Monday agreeing to plead no contest to the same charge and potentially testify against Ruiz.
Timothy Baldwin,the attorney for Ruiz, submitted a plea agreement to Ortley on Thursday.
Ruiz took the stand and told Ortley he understood the ramifications of a no contest plea, which is essentially an acknowledgment that there is enough evidence for a conviction but not an admission of guilt. It has the same practical effect as a guilty plea.
During questioning from Baldwin, Ruiz said that prior to his arrest a representative of the Montana Attorney General's Office had told him the transactions were legal.
"I was under that impression and had actually sought clarification of the law," Ruiz said.
Baldwin said he had received similar assurances from an employee at the Montana Department of Public Health and Human Services, but admitted that neither he nor Ruiz were able to convince either of the officials to put their statements in writing.
"I don't know how I could prove that portion of the testimony and it's kind of moot at this point," Ruiz said.
He added that "with the political winds being as they are, they're not willing to put that on paper."
Baldwin read aloud a list of witnesses the Flathead County Attorney's Office had planned to call had the case gone to trial. That list included a half dozen people from the Flathead County Sheriff's Office, and Baldwin noted that Erickson also potentially could testify.
"Given the potential statements from the list of witnesses, I believe there is a possibility that I could be found guilty," Ruiz said.
Missoula District Judge John Larson also has ruled that caregiver-to-caregiver transactions are not legal. That case is being appealed to the Montana Supreme Court by Chris Lindsey, the same attorney representing Erickson.
Sentencing for Erickson and Ruiz is scheduled for Oct. 20. Prosecutors are recommending five-year suspended sentences for both men, according to the plea agreements.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: dailyinterlake.com
Author: Eric Schwartz
Contact: Contact Us
Copyright: Daily Inter Lake
Website: Two change pleas in pot-transfer case
