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