Judge rules state law clear on marijuana transactions

Montana's Medical Marijuana Act does not allow for medical marijuana transactions between caregivers, Flathead County District Court Judge Stewart Stadler ruled July 21.

In his ruling in a civil lawsuit brought against Flathead County Attorney Ed Corrigan by a medicinal marijuana advocacy group, Stadler said state law limits registered caregivers to providing marijuana only to "qualifying patients."

Stadler said the plaintiffs - identified in court documents as the Medical Marijuana Growers Association, two anonymous couriers and three anonymous caregivers - had a "serious impediment" in their main arguments. He granted Corrigan's motion for summary judgment.

"All of plaintiffs arguments are predicated on the assumption that the Act is ambiguous with respect to whom caregivers may and may not supply with marijuana," Stadler wrote. But "no such ambiguity exists; rather, the clear and unambiguous language of the Act permits caregivers ‘to provide marijuana only to qualifying patients who have named the applicant as caregiver.'" Further interpretation of the law, he added, "would necessarily entail turning a blind eye to one of its explicit provisions."

Stadler earlier noted during a July 6 hearing that Missoula District Court Judge John Larson had also ruled that caregiver-to-caregiver transactions are not legal. That case is being appealed to the Montana Supreme Court.

The two anonymous couriers in the case have been identified as Leif Erickson and Robin Ruiz. They were charged with possession of dangerous drugs with intent to distribute after a Feb. 3 traffic stop on U.S. 2 near Lake Five Road. The Flathead County Attorney's Office allege the men were transporting three pounds of marijuana to Great Falls at the time.

According to court documents, a search of their vehicle also turned up 300 capsules containing THC, the active ingredient in marijuana, and five vials of suspected THC honey. Ruiz was a registered caregiver and Erickson a registered patient under medical marijuana regulations that have since been changed by the legislature.

The county attorney's office also says the amount of marijuana involved is a factor in the criminal cases against Ruiz and Erickson because state law limits how much medical marijuana can be possessed by patients and caregivers.