USA - Marijuana verdict may set precedent throughout Maine

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Marijuana verdict may set precedent throughout Maine

Hempstock organizer, medical-pot backer is acquitted using affirmative defense

BY DOUG HARLOW
Staff Writer
Kennebec Journal Morning Sentinel
December 19, 2008

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."

http://morningsentinel.mainetoday.co...l/5729222.html Medical Mj on Trial ~ Jury says Don Christen NOT GUILTY

Marijuana verdict may set precedent throughout Maine

Hempstock organizer, medical-pot backer is acquitted using affirmative defense

BY DOUG HARLOW
Staff Writer
Kennebec Journal Morning Sentinel
December 19, 2008

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."

http://morningsentinel.mainetoday.co...l/5729222.html Medical Mj on Trial ~ Jury says Don Christen NOT GUILTY

Marijuana verdict may set precedent throughout Maine

Hempstock organizer, medical-pot backer is acquitted using affirmative defense

BY DOUG HARLOW
Staff Writer
Kennebec Journal Morning Sentinel
December 19, 2008

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."

http://morningsentinel.mainetoday.co...l/5729222.html

[dyingtomorrow]

Most of the medical marijuana victories are sad victories indeed. What these people have to go through to vindicate their rights. I will never understand the kind of barbarian who would become a DEA agent, who could so callously destroy the lives of people; productive, upstanding people even by their own measure, with a disgusting sense of satisfaction.

[gravripper333]

Originally Posted by dyingtomorrow

I will never understand the kind of barbarian who would become a DEA agent, who could so callously destroy the lives of people; productive, upstanding people even by their own measure, with a disgusting sense of satisfaction.

DEA agents do alot more than that and I would say that is the rare case. They mostly go after big drug dealers that are killers and ruin lives.

[fnord]

The person in this artical has been harrased for over a dozen years becuase of his active satanc ein medical marijuana,he is the main reason we even have medical MJ in maine to begin with he personally funded initiives educated and informed the public has done sOOOOOOOooooo much more for medical marijua in the US.

He was once arested for giving out free pot brownies ont he steps of a US court house!

four hundered and twenty cheers for donny! this fellow has put his saftey,money and freedom onthe line so people can get the medical ttreatment they need!

[fnord]

BIG WIN IN MAINE MEDICAL MARIJUANA LAWS
High Times Freedom Fighters Rock the Maine Medical Marijuana Laws

Don Christen, (HT Freedom Fighter 2002) of the Maine Vocals has been found innocent of marijuana cultivation and trafficking charges. The charges were brought against Don Christen when police raided his home in December of 2004 Don was growing plants for a handful of patients and his home was a distribution center for medical marijuana. The Maine Vocals founder was granted an acquittal after Justice William Anderson told jurors that Christen had met the critera for medical marijuana under Maine State Statue.

Under Maines medical marijuana law, there are provisions to protect patients from prosecution, but none for allowing them to obtain their medicine. Christen filled that gap, and now he has broken new ground with his acquittal.

Don Christen and the Maine Vocals have organized marijuana demonstrations and shows for 19 years. They have founded the very popular Freedom Fest, Hempstock and Harvestfest. Marijuana Plants have been shown on the Vocals stage for public viewing and photos. At the Harvestfest, many of the local growers enter their prime bud in the taste, size and smell contests that tend to leave the judges a bit numb from the fine entries.

Capta..in Joint (HT Freedom Fighter 2003) Came to the Maine Vocals Marij..uana Shows in 2001, and as guest speak.er has brought many tales of the Drug War to the attention of the Maine audiences. Stories of Rainbow Farms, Eddy Lepp, the Rachael Hoffman case, and many other tragic tales of the Drug War victims, the tales of the California raids, the wins and the woes of the government attack on cannabis fills the air between bands. Captain Joint has had his own woes in the Drug War, and was a target of an illegal home invasion by the police in March of 2003. All charges were dropped against the family, and Captain Joint was never charged, even though the police claimed three marijuana sales to a C.I.#62 from Captain Joint.. at his home. The police could produce no C.I.#62 and no marijuana that they claimed was taken from the family home in Holland Mass.

Captain Joint and family have moved to Maine where Medical Marijuana is legal. Captain Joint can be found at all the Maine Vocals events, along with the best of local and national bands.

The Maine Vocals start this Festival season off at a brand new home. The movement has outgrown the small town of Starks, and the Maine Vocals have purchased a new Festival Site at 420 Carlson Hill Road in Harmony Maine.

They have added extra shows this season to keep both the party and the marijuana movement in High gear!

The new site is very camper friendly, with two fields to camp in on level ground. There are nice shaded areas around the borders and a great open field in front of a brand new stage, with extra roof cover so the show can rage on rain or shine. The new stage is also set up for a new, state of the art visual light show.

Not much of an update and theres no citable source,just a communication from a friend.