Pubdate: Sat, 05 Jan 2013 Source: Helena Independent Record (MT) Copyright: 2013 Helena Independent Record Contact: http://helenair.com/app/contact/letters_to_editor/ Website: http://helenair.com/ Details: http://www.mapinc.org/media/1187 Author: Jenna Cederberg, Missoulian Related: http://www.mapinc.org/drugnews/v12/n653/a09.html FORMER MEDICAL MARIJUANA DEALER GETS 5 YEARS PROBATION Had Faced Up To 20 Years In Prison MISSOULA -- A federal judge spared a former partner in one of Montana's largest medical marijuana businesses jail time on Friday, straying only slightly from a joint sentencing recommendation by defense and prosecuting attorneys. U.S. District Judge Dana Christensen sentenced Chris Lindsey to five years' probation with three months of house arrest, reducing the house arrest time from the six months suggested in the plea deal reached by federal prosecutors and Lindsey's attorney, Colin Stephens. "You know, considering what I could have faced I think it was a happy resolution," Lindsey said after the sentencing. Lindsey, who in the past used medical marijuana to treat a chronic disease and considers himself a medical marijuana advocate, faced up to 20 years in prison after pleading guilty to conspiracy to maintain drug premises. Assistant U.S. Attorney Joseph Thaggard said he believed Lindsey understands the seriousness of his criminal conduct. Lindsey's serious medical condition, ulcerative colitis, as well as the fact that his wife is in poor health, were contributing factors in the sentencing recommendation. "I'm not going to tell the court I think this person is a threat to the community. I don't think we'll see him back here," Thaggard said. Christensen agreed. Along with a chronic disease that has cost him "hundreds of thousands of dollars in debt," Christensen cited Lindsey's education, lack of criminal history and limited active participation in Montana Cannabis as reasons for the sentence. "I have concluded he is a highly educated and very intelligent person," Christensen said. Christensen commended the parties for reaching the joint sentencing agreement, calling that a "very unique situation." While confusion existed about how federal and state laws would interact after the legalization of medical marijuana in Montana, "federal law controls," Christensen said. "Mr. Lindsey, to his credit, never maintained he was in compliance with federal law." Christensen also ordered Lindsey to forfeit $288,000 held in business bank accounts, submit to one urine or breath test per week and complete 200 hours of community service. He was ordered to stop using controlled substances, including medical marijuana. BREAK Lindsey, Thomas Daubert, Chris Williams and Richard Flor formed Montana Cannabis in 2009, five years after Montana voters overwhelmingly passed legislation permitting caregivers to distribute marijuana to people with physical ailments. But under a federal crackdown in March 2011, Montana Cannabis was one of about 25 medical marijuana businesses that were raided. Marijuana is still considered a Schedule 1 narcotic under federal law. Daubert received a sentence of five years on probation. Flor, who was sentenced to 10 years in prison, died from health-related complications while incarcerated. Williams is in federal prison awaiting sentencing after being found guilty of eight drug-related counts. Lindsey acknowledged that when Montana Cannabis was formed "we all knew that our activities were illegal according to federal law." However, he said, "we thought we were on the verge of a sea change in federal law. The law had not yet changed but federal policy had and we thought the law would soon follow." "Things we thought were perfectly acceptable at the time were later found by the Montana Supreme Court to be unlawful," Lindsey said. "One of the big lessons I learned is that neither government nor the citizens can change the law with respect to something that is a popular black market item without first putting in place a robust set of regulations." Lindsey also apologized for "grossly" miscalculating the effect possessing a firearm would have on the business, saying when the facility became fully staffed he objected to the presence of firearms there. Lindsey told Christensen he was sorry that "what I helped create became a problem and not a solution." "I am grateful the U.S. Attorney's Office has recommended probation and it's not a recommendation I take for granted," Lindsey said. Lindsey, who lives in Missoula, planned to meet with a probation officer Friday afternoon, then "have a long conversation with my son about what all this means," he said after the sentencing. An attorney, Lindsey plans to continue to advocate for medical marijuana, and is still president of the Montana Cannabis Industry Association. Depending on the outcome of a meeting with the Office of Disciplinary Counsel, the lawyer regulation system established by the Montana Supreme Court, he also will continue to represent clients around the state. "I'm a medical marijuana attorney, that's what I do," Lindsey said. "Now, it's criminal defense work." - --- MAP posted-by: Jo-D