Sentence deferred for medical marijuana bust

The second man arrested last year and charged with transporting what he and his partner claimed was medical marijuana was sentenced last week.

Flathead County District Court Judge David Ortley sentenced Robin Ruiz, 52, of Kalispell, on March 15 to a four-year deferred sentence after Ruiz pleaded no contest to a felony charge of criminal possession with intent to distribute.

Ruiz may petition to suspend the rest of the sentence after two years. He was also ordered to pay a $1,000 fine, with $500 suspended. He may continue to use medical marijuana according to state law, and his right to possess firearms is up to the discretion of his probation officer, Ortley ordered.

Lief Erickson, 48, of Kalispell, who was arrested with Ruiz on Feb. 3, 2011, was given a four-year suspended sentence by Ortley on Jan. 20 after he also pleaded no contest to the same drug charge. Erickson may also continue to use medical marijuana, but he is prohibited from possessing a firearm.

According to court records, Erickson and Ruiz were arrested on U.S. 2 near Lake Five Road after law enforcement officials found more than three pounds of marijuana, 300 capsules containing THC and five vials of suspected THC honey in their vehicle.

The case quickly grew in complexity as the two claimed medical marijuana caregivers like themselves were allowed to exchange their products like any other business.

Flathead County District Court Judge Stewart Stadler and Missoula County District Court Judge John Larson, however, ruled that caregiver-to-caregiver transactions are not legal under the Medical Marijuana Act. Larson’s ruling was appealed to the Montana Supreme Court by Chris Lindsey, the attorney representing Erickson.

Ruiz’s attorney, Timothy Baldwin, said he had received assurances from an employee at the Montana Department of Public Health and Human Services that the transactions were legal. Baldwin argued his case before the Montana Supreme Court in June.

Ruiz submitted a no-contest plea agreement on a charge of criminal possession with intent to distribute on July 11. No date has been set for his sentencing hearing.