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Four locals named from federal marijuana raids

by Hungry Horse News
| July 8, 2011 12:07 PM

Meanwhile advocacy group presents case in Kalispell

Four Flathead Valley men were arraigned in federal court in Missoula last week on charges relating to local medical marijuana businesses.

Evan Corum, 35, of Whitefish, faces five charges, including conspiracy to manufacture marijuana, conspiracy to distribute marijuana, possession with intent to distribute marijuana, conspiracy to launder monetary instruments and money laundering.

Three Kalispell men, Jonathan Janetski, 43, Michael Kassner, 24, and Tyler Roe, 29, each face three charges, including conspiracy to manufacture marijuana, conspiracy to distribute marijuana and possession with intent to distribute marijuana.

All four men pleaded not guilty to the charges on July 6 and were released with special conditions. If convicted, they face a mandatory minimum of five years in prison and could be sentenced to 40 years, a $5 million fine and at least four years of supervised release.

The local cases stemmed from a statewide raid by federal agents and local law enforcement in March and April that included 26 businesses across the state. Locally, search warrants were executed in Columbia Falls, Whitefish and Olney.

Thousands of marijuana plants, hundreds of kilograms of marijuana, cash, weapons and vehicles were seized in the raids. About a quarter of the state's medical marijuana businesses closed following the raids.

Meanwhile the same day, Flathead County District Court Judge Stewart Stadler heard opening arguments in a medical marijuana advocacy group's lawsuit against Flathead County Attorney Ed Corrigan.

The Montana Medical Growers Association sued Corrigan on March 23 on behalf of Lief Erickson and Robin Ruiz, who were charged with drug felonies after their vehicle was stopped on U.S. 2 near Lake Five Road on Feb. 3.

Flathead County Sheriff's Office and Northwest Drug Task Force deputies arrested the two after a search yielded three pounds of marijuana, 300 capsules believed to contain THC (tetrahydrocannabinol, the active ingredient in marijuana) and five vials of suspected THC honey. Law enforcement officials say the two men were transporting the marijuana to Great Falls.

Attorneys for Erickson and Ruiz, however, say the two men were acting within the confines of the Medical Marijuana Act as it existed at the time. Ruiz was a registered caregiver and Erickson was a registered patient. A new medical marijuana law went into effect July 1.

Deputy county attorney Tara Fugina differs with Erickson and Ruiz's attorneys, claiming state law does not allow caregivers to supply other caregivers with medical marijuana.

"It means what it says and it says what it means," Fugina said of the law. "Nothing more and nothing less."

Kalispell attorney Tim Baldwin, who filed the lawsuit and is representing Ruiz in his criminal case, said language in the state law should be analyzed further. He claims caregivers not only are allowed to transfer marijuana among themselves but also are legally required to do so.

"A shirking of that responsibility could mean liability for the caregiver," Baldwin said.

Fugina said Baldwin's assertions are not supported by facts.

"The court should not be inserting what's not there," she said.