Pubdate: Thu, 09 Dec 2004
Source: Ravalli Republic (MT)
Copyright: 2004 Ravalli Republic
Contact:  http://www.ravallinews.com/
Details: http://www.mapinc.org/media/3254
Author: Timothy Mitchell, Staff Reporter
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

GIVING AWAY 'PINCH OF POT' GETS STEVI MAN SUSPENDED SENTENCE

A pinch of pot proved problematic for a Stevensville man, landing him in 
court for distributing the drug although no money changed hands.

Eugene Rishel changed his plea Wednesday to no contest of criminal 
distribution of dangerous drugs for "returning a favor."

Montana statute defines distribution as selling, bartering, exchanging, or 
giving away the drug specified.

Rishel, while attending the Stevensville Creamery Picnic last August, was 
sitting in his wheelchair watching the festivities. A friend approached him 
looking to purchase some marijuana, according to Rishel.

"I didn't realize I was breaking the law. He keep trying to buy some from 
me. It was turned on to me, so I just gave him a pinch," Rishel told the 
court, "I was told it was Mexican dirt weed, but I didn't get a chance to 
try it."

District Court Judge Jeffrey Langton smiled.

"That's all it takes," he said.

Rishel continued, "I just don't feel like I committed a crime. I realize I 
did, but I just gave him a pinch, it wasn't even a bud."

The judge did accept the no-contest plea.

In exchange for his guilty plea the county attorney's office dropped the 
misdemeanor charge of criminal possession of dangerous drugs. They also 
agreed to recommend a three-year Department of Corrections sentence with 
all time suspended except time served.

During the Stevensville Creamery Picnic Ravalli County law enforcement 
officers were doing a saturation patrol to interdict any drug activity.

Two officers were in plain clothes, on foot, patrolling the avenues of 
Stevensville when, according to court documents, they observed Rishel 
giving a person marijuana.

Rishel was arrested and charged with felony criminal distribution of 
dangerous drugs and a misdemeanor charge of criminal possession of 
dangerous drugs.

The officers executed a search warrant for Rishel's home and discovered 
what they believed to be a small drug operation.

He faced up to life imprisonment and remained out on bail pending his sentence.

Rishel is scheduled to be sentenced Jan. 19.