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Maine: Medical Marijuana Verdict May
Set
Precedent Throughout Maine Hempstock
SKOWHEGAN -- Longtime marijuana advocate Donald Christen was acquitted
Thursday
in Superior Court on cultivation and furnishing charges, convincing a jury
that
his pot is for medical purposes. The verdict could have far-reaching effects on
both sides of the medical marijuana issue in Maine, his lawyer, Walter McKee of
Augusta, said.
"We had raised the affirmative defense that the marijuana being cultivated
or being
furnished was medical marijuana," McKee said Thursday afternoon.
"Don
acknowledged that he cultivated marijuana and he acknowledged that he
possessed it
with the intent to furnish it, but indicated that what he was
cultivating and what he
had possessed with the intent to furnish was medical
marijuana, for one patient in
particular."
Citing the state's medical marijuana law passed nearly a decade ago, Justice
William Anderson told jurors that Christen, organizer of the annual Hempstock
festivals and founder of Maine Vocals, met the criteria for medical marijuana
under the statute, McKee said.
McKee said the case could set a precedent in Maine, where medical marijuana
legislation was brought by citizen initiative in 1999.
"I think it's precedent setting in that it's the first case that I'm aware
of that went to trial in which the affirmative defense was raised," he
said. "It's the first I've heard of and I've certainly been around
the mill."
McKee said an affirmative defense is something the defendant -- not the state --
has to prove.
McKee is a past president and a current member of the board of the Maine
Association of Criminal Defense Lawyers.
He called the verdict a victory for medical marijuana advocates in Maine.
"I think it really is because one of the big issues at trial was whether
Don had the appropriate documentation and the court allowed the documentation to
be presented to the jury and the jury obviously approved it," he said.
"You don't get to do medical marijuana unless there's actual medical
authorization. The statue is very narrow in term of people who can use
it."
Christen, 55, of Madison, faced a possible five years in prison had he been
convicted on the felony charge of aggravated furnishing. He was charged
additionally with aggravated cultivation, both stemming from his arrest in
October 2007.
The charges were aggravated because of Christen's previous marijuana charges.
The medical patient for whom the marijuana is being cultivated is Carroll
Cummings, 58, of Vassalboro. Cummings said Thursday he suffers from
torticollis, or spasms of the neck and shoulder muscles.
"I wouldn't be able to get by without," he said. "It's a
victory for me, it's a victory for every medical patient in this state."
Under Maine law, someone can legally cultivate, distribute or possess marijuana
for medical use if specified medical conditions exist, a point with which
District Attorney Evert Fowle takes issue.
"We certainly were disappointed with the verdict, but we certainly accept
the verdict of the jury," Fowle said. "I think the medical
marijuana defense has been used before; this is the first time that I recall it
being successful.
"This whole medical marijuana law; we need to go back to the drawing board.
We need to first have a discussion as to whether there is any medical viability
of marijuana."
He said the medical viability of marijuana has not been proven. Most
medical professionals, Fowle said, say there is very little medical viability
for marijuana compared to other available treatments.
Fowle said there also is a "friction" between state of Maine law and
federal law which lists marijuana as a Level One substance, or among the most
serious and dangerous drugs. "I think it's past time that the law be
completely overhauled and that we go back to the drawing board," he said.
There is no appeal available to the state in criminal cases. The jury's
verdict is final, Fowle said.
Contacted Thursday afternoon, Christen said he has been working on medical
marijuana issues for many years and his efforts finally have paid off.
"This is a big victory -- it's going to mean a lot for everybody in the
state of Maine, not just me," Christen said. "Now that we've got
the win through the jury that means we have now broken the way through so we
know exactly how to do it.
"This is the first of its kind here in the state and we're really excited
about it. We will be able to help others to be able to go to court to
assert the affirmative defense so everybody can use this now.
Organizer, Medical-Pot Backer Is Acquitted Using Affirmative Defense
Pubdate: Fri, 19 Dec 2008
Source: Kennebec Journal (Augusta, ME)
Copyright: 2008 Blethen Maine Newspapers Inc
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