MARIJUANA PROVIDER'S SENTENCE SUSPENDED

One of two men suing for clarification of Montana law on
caregiver-to-caregiver medical marijuana transfers was sentenced
Thursday in Flathead District Court.

Lief Erickson, 48, Kalispell, was given a four-year suspended sentence
as part of a plea agreement on a charge of criminal possession of
drugs with intent to distribute.

District Judge David Ortley ruled that Erickson is allowed to possess
and use medical marijuana under the rules set forth in state law.

Erickson and fellow caregiver Robin Ruiz were arrested Feb. 3 after
police pulled them over on U.S. 2 near Lake Five Road and found three
pounds of bulk-bagged marijuana, 300 Tetrahydrocannabinol pills and 11
ounces of THC honey. THC is the active ingredient in marijuana.

The pair believed the transfer of the drugs between them was legal
under state law.

The Medical Marijuana Growers Association subsequently sued Flathead
County Attorney Ed Corrigan, claiming that the men were legally
transferring marijuana.

District Judge Stewart Stadler issued a summary judgment order in
which he wrote that the Medical Marijuana Act does not allow for
exchanges of marijuana between caregivers.

Missoula District Judge John Larson also has ruled that
caregiver-to-caregiver transactions are not legal.

An appeal of Larson's decision was filed with the Montana Supreme
Court on Nov. 1. No decision has yet been made.

A sentencing hearing for Ruiz was continued and no new date has been
set.