Paul Schmidt, owner of the former medical marijuana dispensary Sleeping Giant Caregivers in Helena, has been sentenced to one year in prison for growing marijuana and money laundering and ordered to forfeit $750,000 in alleged profits. In letters to Senior U.S. District Court Judge Charles Lovell, friends wrote that Schmidt, 57, only became a caregiver after seeing how medical marijuana helped his adult son deal with debilitating, chronic pain and deserved little, if any, prison time. "When the drug was found to significantly help (his son) find some relief, they discussed cultivating the marijuana themselves to help not only (his son) but others as well," wrote William Sackman, who served with Schmidt in the U.S. Coast Guard. "In all instances when Paul discussed his business with me, he referred to everyone coming into his place of business as patients. This was no idle affectation. He was truly interested in helping others." [continues 766 words]
In Exchange For Him Waiving Right To Appeal In a highly unusual move, federal prosecutors have agreed to drop six of eight marijuana convictions for Christopher Williams in exchange for his agreeing to waive his right to appeal. In addition, the government has agreed to ask U.S. District Judge Dana Christensen to dismiss the $1,728,000 criminal forfeiture awarded to the government by a jury earlier this year. The agreement was outlined under a settlement filed Tuesday in U.S. District Court. In the document, signed by Williams, U.S. Assistant Attorney Joe Thaggard, and federal public defender Michael Donahoe, they note that this agreement "constitutes the final and best offer to resolve this matter." [continues 580 words]
HELENA - As Chris Williams waited for a 12-member jury to decide his fate last month on eight marijuana-related charges, he was surprisingly calm for a man who knew he could be jailed for 85 years. He mentioned that he had taken a nap and was reading a book, "Ethics for a New Millennium" by the Dalai Lama. "I was almost finished with it, but continued to reread some of the most enlightening chapters," Williams wrote in a letter from his cell at the Crossroads Correctional Center in Shelby. "The study of philosophy and religion has always interested me, even though I am not the most educated in either subject." [continues 2506 words]
Chris Williams Is a Complex Man Former Medical Marijuana Provider Painted As 'Compassionate,' 'Intimidating' As Chris Williams waited for a 12-member jury to decide his fate last month on eight marijuana-related charges, he was surprisingly calm for a man who knew he could be jailed for 85 years. He mentioned that he had taken a nap and was reading a book, "Ethics for a New Millennium" by the Dalai Lama. "I was almost finished with it, but continued to reread some of the most enlightening chapters," Williams wrote in a letter from his cell at the Crossroads Correctional Center in Shelby. "The study of philosophy and religion has always interested me, even though I am not the most educated in either subject." [continues 2509 words]
The attorney for Christopher Williams filed a motion Friday seeking an acquittal or at least a new trial for his client, saying U.S. District Court Judge Dana Christensen erred when giving the jury instructions in the only medical marijuana case in Montana to go to trial. The 12-member jury convicted Williams in Helena on Sept. 27 on eight counts, including conspiracy to manufacture, distribute and possess with intent to distribute marijuana; manufacture of marijuana; possession with intent to distribute marijuana; and four counts of possession of a firearm during a drug trafficking offense. Since the firearm offenses carry a mandatory minimum of five years to life imprisonment, plus mandatory minimums of 25 years for second and subsequent convictions, Williams could be facing a minimum of 80 years in prison. [continues 707 words]
Chris Williams, who wanted to challenge the federal government over its handling of medical marijuana prosecutions in Montana, was led to jail in handcuffs Thursday after 12 jurors convicted him of eight drug- and firearms-related charges. Williams sat quietly and unemotionally, with his hands folded on the table in front of him, as the three men and nine women, their voices shaking at times, told the court that their verdict was unanimous. His attorney, Michael Donahoe, requested that Williams not be detained until sentencing, noting that he's already working on an appeal to the Ninth Circuit. [continues 1322 words]
Federal defense attorney Michael Donahoe requested a mistrial Thursday in the medical marijuana case of Chris Williams after prosecutor Joe Thaggard compared Williams and his partners to dogs. In his closing statement, Thaggard told the jury that Williams was involved in criminal conduct and when he did that, he would get involved with bad people. "If you lie down with dogs, you just might get fleas, and you can't say you didn't know that would happen," Thaggard said. Donahoe objected, but was overruled by U.S. District Court Judge Dana Christensen. However, after the jury left the courtroom, Donahoe moved for a mistrial based on the statement. [continues 445 words]
A Helena lawyer is asking a federal court judge to throw out the charges against his client, saying that the U.S. Attorney's office has no right to "veto" Montana voters' approval of medical marijuana. Michael Donahoe, a federal defense attorney, said that the federal government "selectively targeted" medical marijuana cultivators and dispensers like his client, Chris Williams, who is a founding member of Montana Cannabis. Donahoe is asking that the case against Williams be dropped. In addition, Donahoe argues in court documents filed this week in U.S. District Court that the federal government's prosecution of medical marijuana providers violates the U.S. Constitution by a "direct and intended" encroachment on Montana's governmental rights under the "Guarantee Clause" of Article 4. [continues 386 words]
A documentary that follows the medical marijuana political debate in Montana, as well as its impacts on people's lives, will be shown in Helena later this month, followed by a panel discussion. "Code of the West" is a film by Rebecca Richman Cohen. In a news release for the movie, she notes how Montana is "at the forefront of national attention" when it comes to medical marijuana. "Once a pioneer in legalizing medical marijuana, the state of Montana is poised to become the first in the nation to repeal its medical marijuana law," Cohen wrote. "Set against the sweeping vistas of the Rockies, the steamy lamplight of marijuana grow houses, and the bustling halls of the State Capitol, 'Code of the West' follows the 2011 Montana State Legislature as it debates the fate of medical marijuana. [continues 553 words]
As Richard and Justin Flor prepare to enter guilty pleas Tuesday to an unknown number of charges against them surrounding the family's medical marijuana business, new court documents explained how the case was investigated. The Flor family was involved in one of the state's largest medical marijuana operations. In an "offer of proof" filed late last week by the U.S. Attorney's office, it appears that Justin Flor will plead guilty to conspiracy to manufacture, distribute and possess with intent to distribute marijuana. The document doesn't mention any of the other 14 charges filed against him, nor does it mention charges filed against his father, Richard Flor or his plea agreement. However, Richard Flor's attorney, Brad Arndorfer, has requested a change-of-plea hearing too. [continues 694 words]
Three men who openly operated medical marijuana businesses in Helena and Great Falls were sentenced in federal court Thursday to a year in prison. In an emotionally charged hearing, Senior U.S. District Court Judge Charles Lovell handed down the prison terms to Joshua Schultz, Jesse Leland and Jason Burns. About 75 friends and family members who packed into the federal courthouse in Helena were hoping the judge would take the recommendation of probation made by the men's attorneys, but also feared that the judge might impose a mandatory minimum sentence of five years or even the maximum of 40 years. [continues 934 words]
A federal defense attorney in Helena is saying that his client should be immune from federal prosecution in a medical marijuana case and was deprived of his due process rights because of selective prosecution by the government. Michael Donahoe, a senior litigator with the Federal Defenders of Montana, acknowledges that his client, Joshua Schultz of Helena, pleaded guilty in September to distribution of marijuana, in exchange for 24 other counts being dropped. Schultz, 38, as well as his codefendants, Jason Burns and Jesse Leland, all of whom accepted plea bargains in the case, still face a mandatory minimum of five years in prison and could be sentenced to 40 years, a $2 million fine and at least four years supervised release under federal sentencing laws. [continues 678 words]
Three Helena men were arraigned in federal court in Missoula Thursday on 25 counts, including charges of manufacturing, distributing and possessing marijuana, as well as money laundering and conspiracy. Jason Burns, 38, Joshua Schultz, 38, and Jesse Leland, 40, were indicted by a grand jury this week and face a mandatory minimum of five years in prison, and up to 40 years, as well as up to a $5 million fine, if convicted of the charges. A trial date is set for Aug. 8 in Helena in front of U.S. District Court Senior Judge Charles Lovell. [continues 490 words]
Medical marijuana growers from throughout Montana will gather in Helena Sunday and Monday for their first organized symposium since their association formed about a year ago. The free event is not just for members of the Montana Medical Growers Association, but also for physicians, lawmakers and members of the general public who are curious about the issues surrounding medical marijuana, notes Jim Gingery, the group's executive director. The symposium will include panel discussions on the science surrounding cannabis, legal considerations, alternative ways to medicate with marijuana, how to operate a small business, and how to communicate with the public, the press and law enforcement. [continues 585 words]
Most of the drugs confiscated by federal agents in Montana come from people crossing the border at legal ports of entries, which begs the question: Do most smugglers try to sneak their wares into the United States from Canada through these legal crossings, or are the agents just not finding those who are crossing illegally? The answer seems to be a little of both, according to Mike Milne, a spokesman for U.S. Customs and Border Protection. He notes that the vast majority of people coming into the United States do so at legal border crossings, which could be part of the reason for the larger number of drugs confiscated there. [continues 580 words]
The war on drugs is a dismal failure and should end, a former Washington state prosecutor said on Saturday. In a speech before the American Civil Liberties Union in Helena, Jim Doherty said it's time to stop arresting people for possession of drugs like marijuana, heroin and even methamphetamine. Instead of putting these people in jail, they could be put in treatment programs, using the money spent in the war on drugs for rehabilitation and education. "Nixon made the war on drugs a priority, and he may have had good intentions ... but for whatever reasons, the escalation and criminalization has only made the problem worse," Doherty said. "We have taken people with a social or medical problem and stamped them as criminals. We put them into prison and make it almost impossible for them to re-integrate into society." [continues 460 words]
Plaintiffs Mistaken For Suspect Who Had The Same Name A Whitefish man and woman are suing the city of Helena and Lewis and Clark County over a case of mistaken identity. In documents filed in federal court in Helena, Joan Bolkovatz and Mark Michaels claim their civil rights were violated two years ago by members of the Missouri River Drug Task Force, who wrongly believed the couple was bringing drugs into Helena. Both Bolkovatz and Michaels say they were injured by local law enforcement officers when they dragged the two out of Michaels' truck, and they want to be compensated not only for their injuries but also for the humiliation of being publicly handcuffed and taken into custody. [continues 652 words]
