cannabisnews.com: Prosecutor To Seek Fine in Marijuana Violation





Prosecutor To Seek Fine in Marijuana Violation
Posted by FoM on May 26, 2001 at 06:53:51 PT
By Betty Jespersen, Staff Writer 
Source: Portland Press Herald
Franklin County's assistant district attorney said Friday the state will only seek a $500 fine with no jail time for a chronically ill New Vineyard man accused of growing marijuana. During a three-hour hearing in Franklin County Superior Court Thursday that included a textbook explanation on how to grow pot, a judge denied a motion by Leonard A. Ellis, 63, to dismiss the misdemeanor charge against him. Ellis is expected to enter a conditional plea of guilty in court next week. 
The misdemeanor offense carries a maximum jail time of 364 days and a $2,000 fine. Ellis, who suffers from muscular dystrophy, a degenerative muscle disease, told the court he needs an average of five marijuana cigarettes, known as "joints," a day to alleviate the pain from muscle spasms and to help him sleep. He said he is living on less than $1,000 a month in Social Security and cannot afford to buy marijuana at $150 an ounce. He also claims he does not have the resources to invest in an indoor growing operation. Under the state's Medical Marijuana Act, a person with specified chronic diseases can grow six plants, with only three in the flowering, mature stage at one time. That person also can possess up to 1 1/4 ounces of processed marijuana. A physician's note is required. When Ellis was arrested, he had such a note from his Massachusetts physician recommending the marijuana therapy. Since then, doctors in Kingfield and Waterville have also written letters, saying Ellis' symptoms would be alleviated by smoking marijuana. But the amount of marijuana allowed under the state statutes is "impractical and impossible to supply the needs of Mr. Ellis," said Thomas Bassford of Salem, a self-taught marijuana expert who researches its cultivation as a hobby. He calculated that Ellis, using an average of six marijuana cigarettes a day, would need close to two pounds of high-quality marijuana a year. On the black market, that would cost about $7,500. An indoor growing setup would be the only reliable way to cultivate the plants year-round, Bassford told the court. But a sophisticated setup with the right lights and temperature and humidity controls could cost as much as $1,600, he said. Justice S. Kirk Studstrup, in denying the motion to dismiss, said Ellis was caught between the "law of unintentional circumstances and sad irony. "When the initiators of this legislation put this together, they assumed marijuana would be available in relatively small quantities. That doesn't exist ... "And it leaves people in Mr. Ellis' situation with growing their own," he said. The statute sets strict limitations on the type of medical conditions and the amount allowed, Studstrup said, adding he did not believe that left any room for flexibility. "I have to enforce the laws on the books," he said. "I am sorry Mr. Ellis has been ill, and it is unfortunate he cannot find a source to provide him with marijuana authorized under state law. But that does not justify growing the amount of marijuana he did." Among the items police seized at Ellis' home last Aug. 9 were 83 cultivated plants — many of them only a few inches high, three coffee cans and a plastic bag filled with processed marijuana, and 43 marijuana cigarettes. Ellis said in court that he also uses marijuana for recreational purposes, but for the most part, he smokes it for pain relief. But prosecution witness Cheryl Lightbody of New Vineyard said Ellis had given her several marijuana cigarettes, and he smoked marijuana at social gatherings. Edward Swiontkowski, of New Vineyard, said he had often smoked marijuana with Ellis, including at card games and, at one time, bought an ounce of homegrown marijuana from Ellis for $140. Ellis' attorney, David Sanders, of Livermore Falls, said the marijuana statute is flawed because it provides no way for medically needy individuals to secure marijuana lawfully throughout the year. Andrews said Ellis grew more than the law allowed, and the state had already used its discretion by only charging him with a misdemeanor, rather than a felony, considering the large amount of marijuana confiscated. "He knew what he was doing was illegal, and he should take responsibility for violating the law," Andrews said. Complete Title: Prosecutor Plans To Seek Fine in Medical Marijuana Violation Source: Portland Press Herald (ME) Author: Betty Jespersen, Staff Writer Published: Saturday, May 26, 2001Copyright: 2001 Blethen Maine Newspapers Inc. Contact: letters pressherald.com Website: http://www.portland.com/ Related Articles & Web Site:Mainers For Medical Rightshttp://www.mainers.org/Judge Denies Man's Request To Dismiss Pot Charge http://cannabisnews.com/news/thread9864.shtmlBail Eased for Medical Marijuana User's Need http://cannabisnews.com/news/thread7131.shtml
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Comment #1 posted by Steven Tuck on May 26, 2001 at 16:49:24 PT:
Twilight Zone
This whole story is written in a surreal prose to hide the fact that the cops under color of authority are hounding this poor old man to death because they politically oppose his use of cannabis as a medicine.If he was actually charged and caught ( not just alledged ) selling his medicine then I could see fining the gentleman. At his age and health condition was he really a threat because he was growing some plants at his own home. If our founding fathers could see and hear this nonsense maybe one of them would have the guts to stop it, because it seems now that as soon as anyone speaks up against the machine they are cut from the fold. When cops have such a financial incentive to continue the war against plants that god gave us to heal ourselves with then we will never break this cycle of broken homes and lives. Now only insured(party members?) state sponsored CITIZENS( people who buy all the gov't lies ) have access to effective expensive lifesaving medicines. All others are leered at from the fold. The anologies of a police state out of control are there for all but the most brainwashed to see. All the things THEY taught us as kids about the 'evil empires' we have now become. Welcome to the twilight zone, General McBust controls all you will think and see.............. steve tuck from the nation of FREEHUMBOLDT
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