Marijuana court rulings drive men's plea agreement

The two men whose cases were cited in a medical marijuana lawsuit against Flathead County Attorney Ed Corrigan have opted to plead no contest to felony drug charges.

According to court records, 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 their vehicle. A search of the vehicle also turned up 300 capsules containing THC, the active ingredient in marijuana, and five vials of suspected THC honey.

The Medical Marijuana Growers Association subsequently sued Corrigan, claiming Ruiz and Erickson were legally transferring marijuana under the state's Medical Marijuana Act. Ruiz was a registered caregiver and Erickson a registered patient under medical marijuana regulations that have since been changed by the legislature.

In a July 21 ruling, however, Flathead County District Court Judge Stewart Stadler said the Medical Marijuana Act does not allow for medical marijuana transactions between caregivers.

Missoula County District Court Judge John Larson earlier ruled that caregiver-to-caregiver transactions are not legal. That case is being appealed to the Montana Supreme Court by Chris Lindsey, the attorney representing Erickson.

In a July 11 hearing before Flathead County District Court Judge David Ortley, Ruiz said a representative of the Montana Attorney General's Office had told him the transactions were legal prior to his arrest.

Ruiz's attorney, Timothy Baldwin, said he had received similar assurances from an employee at the Montana Department of Public Health and Human Services. Baldwin admitted, however, neither he nor Ruiz were able to convince either of the state officials to put their statements in writing.

Erickson signed a no-contest plea agreement on a charge of criminal possession with intent to distribute on July 8 in which he agreed to testify against Ruiz. Ruiz submitted his no-contest plea agreement to the same charge three days later.

A no contest plea is essentially an acknowledgment that enough evidence exists for a conviction, but it's not an admission of guilt.

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.