Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Donald Christen, a longtime medical marijuana advocate, lost his bid to reverse his conviction for growing marijuana.
The Maine Supreme Judicial Court published an opinion Tuesday upholding Christen's conviction for aggravated marijuana cultivation.
Christen had maintained he "was growing marijuana legally as a designated caregiver for several people who qualified as eligible patients pursuant to Maine's medical marijuana statute." A jury in Somerset County disagreed, and Christen appealed the conviction.
"Justice prevailed," said District Attorney Evert Fowle. "The court ruled unanimously there was no merit to his speedy-trial issue because he occasioned much of the delay, and the court properly instructed the jury with regard to trafficking and cultivation in marijuana."
Fowle said Christen, who has been out on bail during the appeal, must report to jail soon. Christen was sentenced to 14 months, with all but six months suspended, plus two years of probation.
"The important thing with marijuana law is that the law be clear," Fowle said.
Peter Bickerman, the attorney who represented Christen in the appeal, said he and his client were disappointed with the Maine Supreme Judicial Court's decision.
"It was my belief that the trial judge gave an erroneous instruction to the jury," Bickerman said Tuesday.
Bickerman said Christen maintained he was cultivating the marijuana for several people who needed it for medical purposes.
The conviction relates to a Nov. 10, 2004, raid on Christen's home in Madison, where authorities seized 13 marijuana plants and 1 pound, 6 ounces of marijuana. He was charged with two counts of aggravated trafficking in marijuana and one count of aggravated cultivation.
The judge dismissed one of the trafficking counts and the jury acquitted him of the other.
Christen was acquitted in December 2008 of marijuana cultivation and furnishing, in a separate case. In that case, records citing the need for the people to have the marijuana were in Augusta at a doctor's office and reasonably available, Bickerman said.
Bickerman said there is no further appeal available.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: kennebecjournal.mainetoday.com
Author: Betty Adams
Copyright: 2009 MaineToday Media, Inc.
Contact: How to reach us | Kennebec Journal & Morning Sentinel contacts
Website: Marijuana advocate loses cultivation case
The Maine Supreme Judicial Court published an opinion Tuesday upholding Christen's conviction for aggravated marijuana cultivation.
Christen had maintained he "was growing marijuana legally as a designated caregiver for several people who qualified as eligible patients pursuant to Maine's medical marijuana statute." A jury in Somerset County disagreed, and Christen appealed the conviction.
"Justice prevailed," said District Attorney Evert Fowle. "The court ruled unanimously there was no merit to his speedy-trial issue because he occasioned much of the delay, and the court properly instructed the jury with regard to trafficking and cultivation in marijuana."
Fowle said Christen, who has been out on bail during the appeal, must report to jail soon. Christen was sentenced to 14 months, with all but six months suspended, plus two years of probation.
"The important thing with marijuana law is that the law be clear," Fowle said.
Peter Bickerman, the attorney who represented Christen in the appeal, said he and his client were disappointed with the Maine Supreme Judicial Court's decision.
"It was my belief that the trial judge gave an erroneous instruction to the jury," Bickerman said Tuesday.
Bickerman said Christen maintained he was cultivating the marijuana for several people who needed it for medical purposes.
The conviction relates to a Nov. 10, 2004, raid on Christen's home in Madison, where authorities seized 13 marijuana plants and 1 pound, 6 ounces of marijuana. He was charged with two counts of aggravated trafficking in marijuana and one count of aggravated cultivation.
The judge dismissed one of the trafficking counts and the jury acquitted him of the other.
Christen was acquitted in December 2008 of marijuana cultivation and furnishing, in a separate case. In that case, records citing the need for the people to have the marijuana were in Augusta at a doctor's office and reasonably available, Bickerman said.
Bickerman said there is no further appeal available.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: kennebecjournal.mainetoday.com
Author: Betty Adams
Copyright: 2009 MaineToday Media, Inc.
Contact: How to reach us | Kennebec Journal & Morning Sentinel contacts
Website: Marijuana advocate loses cultivation case
