A new edict has been issued in the “continuing fiasco” that is Montana’s medical marijuana program.

Montana Supreme Court Justice James Nelson used that phrase to refer to the program in a recent ruling on a case that started in Flathead County.

Nelson was highlighting the challenges of making rulings on state-level medical marijuana laws while all such activity remains illegal under federal law.

In the 5-0 ruling, the Montana court upheld a ruling by Flathead District Judge Stewart Stadler that it is illegal under the 2009 Medical Marijuana Act for caregivers to exchange marijuana with other caregivers.

Despite the unanimous vote, Nelson wrote a concurring opinion addressing what he called “the proverbial elephant in the room.”

“The Legislature has since tinkered with the act, going to far as to scrap the original voter-approved scheme entirely and replace it with a new and improved ‘Montana Marijuana Act,’” Nelson wrote.

“Yet, with due respect to, and without impugning the zeal and good faith of, everyone involved in this continuing fiasco, the fact remains that the medical marijuana laws seek to legalize conduct that is violative of the federal Controlled Substances Act.”

Nelson went on to point out that “a decree in favor of the medical marijuana grower, caregiver, or user is consequently meaningless because their activities are illegal regardless.”

Because of that, he wrote, state courts should not be required to waste any more time dealing with issues related to the state medical marijuana program.

“After all, as already noted, judges in Montana take an oath to support, protect, and defend the federal Constitution and are bound by federal laws, anything in the laws of this state to the contrary notwithstanding,” Nelson wrote. “On this issue, it is time we started doing that.”

The complaint that led to the Montana Supreme Court decision was filed against Flathead County Attorney Ed Corrigan by the Medical Marijuana Growers Association on March 23, 2011.

It was spurred by charges against Kalispell caregivers Robin Ruiz and Lief Erickson.

Ruiz was a passenger in Erickson’s vehicle when it was pulled over Feb. 3, 2011, on U.S. 2 near Lake Five Road. Inside the vehicle, police found three pounds of bulk-bagged marijuana, 300 tetrahydrocannabinol pills and 11 ounces of THC honey. THC is the active compound in marijuana.

Both men were licensed caregivers and argued that they were intending to sell the drugs to another caregiver in Great Falls for distribution to his patients.

Ruiz and Erickson eventually pleaded no contest to criminal possession with intent to distribute. Erickson was given a four-year suspended sentence while Ruiz received a deferred four-year sentence.

Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.