Pubdate: Sat, 26 May 2001
Source: Kennebec Journal (ME)
Copyright: 2001 Blethen Maine Newspapers Inc
Contact:  http://www.centralmaine.com/
Details: http://www.mapinc.org/media/1405
Author: Betty Jespersen
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

PROSECUTOR PLANS TO SEEK FINE IN MEDICAL MARIJUANA VIOLATION

FARMINGTON - 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.
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MAP posted-by: Terry Liittschwager