Arizona man sentenced for transporting 100 pounds of pot

Michael Pruitt, 41, of Apache Junction, Ariz., was given probation for delivery of a controlled substance. He was arrested after being found with more than 100 pounds of marijuana.
Pruitt was arrested in March, 2007, after he was stopped by a Nebraska state trooper at the York onramp to Interstate 80. The trooper said he saw the defendant driving on South 35th Street, in York, appearing to have the intention of turning left. The affidavit says that Pruitt instead turned right, crossed the overpass and changed lanes without signaling. He then crossed the southbound center line. The trooper initiated the stop on the eastbound on-ramp. Upon a search of the vehicle, the trooper discovered approximately 102 pounds of marijuana, methamphetamine (personal use amount), cocaine (again, an amount consistent with personal use) and drug paraphernalia.
Pruitt was charged with possession of a controlled substance with the intent to deliver, a Class III felony that carries a possible maximum sentence of 20 years in prison; possession of methamphetamine, a Class IV felony that carries a possible maximum sentence of five years in prison; possession of cocaine, also a Class IV felony; and possession of paraphernalia, a $100 infraction.
As part of a plea agreement, all the charges were dropped except for the one count of delivery — which carries a possible maximum sentence of 20 years in prison.
“The pre-sentence report shows that he is guilty of transporting more than 100 pounds of marijuana and other drugs,” said York County Attorney Tim Sieh, arguing that Pruitt also had discrepancies when talking with probation officers about his drug use. “He attended counseling for two months and then stopped, because he didn’t think he had a problem.
“The cost of transferring drugs has to be high enough so people don’t do it any longer,” Sieh said to Judge Alan Gless. “I have talked with the Nebraska State Patrol, regarding what an amount of marijuana, such as this, involves. Their information and that of the Drug Enforcement Agency says that 448 joints can be made with one pound, so if you do the math, that equates to 45,697 joints from what he was transporting. That can significantly impact a large number of people, and I ask the court to consider that. His actions could have a serious impact on a large number of people. Transporting drugs across the country is a serious matter.”
“We have to look at the issue of seriousness of this offense,” said Pruitt’s attorney, York County Public Defender Eric Williams. “Any felony is serious. But there is a wide range for sentencing in this case. We need to look at the amount of harm that was done. It’s pretty clear that marijuana is not the same as meth or cocaine. And as to the amount, it sounds like a lot, but reports show that marijuana is the number one cash crop in the United States and users aren’t dying. One hundred pounds is a drop in the bucket — laws need to be enforced, but in Nebraska, the legislature has decriminalized marijuana to a great extent. There is a difference between the controlled substances. Morally, marijuana is not the same as dangerous street drugs.
“He’s been employed full time, he hasn’t been in any trouble,” Williams continued. “He’s 42 and before this he’s had no contact with law enforcement, he has no prior offenses. This shows the court that this isn’t just someone saying ‘this was a one-time deal,’ this supports that statement. He’s suitable for probation, he’s a non-violent offender, he has no record and he fully cooperated with law enforcement (at the time of his arrest). It was clear that he wasn’t experienced in all this. He admits to his stupidity. He was broke at the time.
“This will continue, if people are broke and need to find money,” Williams continued. “This will continue. You can say, ‘Put them in prison for 100 years,’” he said, gesturing toward Sieh, “but that won’t stop this. I guess you could execute them, that would certainly stop them.”
“I want to reiterate that this was a huge mistake,” Pruitt said. “I spent weeks here in jail, that was the first time I’d ever been in jail, and I had a lot of time to think about how stupid this was. I’ve tried to right the wrong, I work full time, I’ve been clean since I got back to Arizona. If you show me mercy and give me probation, I’ll fulfill every term. I’ve learned my lesson — truly, I have.”
“I don’t even know where to start,” Judge Gless said. “I fall somewhere between Mr. Sieh and Mr. Williams. And Mr. Williams, I disagree that people aren’t dying from marijuana use — they do, it’s bad stuff. I’ve been doing this quite a few years and I’ve tried various approaches. I’ve made the prices for meth high enough, and the use went down. The price of helping push marijuana — that’s what you’re doing — I see that as a less offense than pushing meth.
“They say judges don’t have feelings, that they’ve cut our hearts out,” Gless continued. “Well, we do. We see people coming back to our courtrooms because of drug use. As far as your finances, there’s bankruptcy out there for a guy with no offenses at 42. This is stupid — now you are a convicted felon. If you do anything ever again — I can give you your 20 years. I plan to be around a long time and will hold that over your head.”
The judge agreed with the recommendation from the probation office that three years of probation would be suitable. Pruitt was sentenced to 48 days in jail, but was given 48 days of credit for those already served.
“Not only will you never see me again,” Pruitt said, “no judge will ever see me again, ever.”