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.