DOUGLAS LIFTS ORDER OVER WINDSOR POT CASES

Gov. Jim Douglas on Tuesday lifted the order he gave last month for
state law enforcement agencies to refer significant first-time
marijuana cases away from Windsor County State's Attorney Robert Sand.

Douglas announced that he's satisfied Sand will not treat all such
cases by sending them to court diversion, as he did with a recent
felony marijuana case. The truce came after an e-mail exchange
Tuesday between Sand and Susanne Young, the governor's legal counsel,
in which Sand clarified that he doesn't have a blanket policy for
handling cases.

"I hope to make clear that my office does not have a policy and
certainly not a blanket policy about diversion in marijuana cases,
and I intend to apologize if anything I have said has contributed to
that perception and misperception," Sand wrote in the e-mail.

Asked whether the whole thing was a misunderstanding, Douglas
spokesman Jason Gibbs said, "It may have been."

Sand said he's never had blanket policies for any kinds of cases, and
that the notion that he did "morphed" out of a television news report
that does not include direct audio from Sand. While Sand was busy
preparing for a murder trial, the notion gathered steam, he said.
Sand said he attempted to meet with Douglas to explain that but was
turned down. Sand said this week that he pulled 20 first-time
marijuana cases from his files that did not go to court diversion.

Douglas issued an order Nov. 7 that all state law enforcement
agencies refer significant first-time marijuana cases to the state
Attorney General's Office or the U.S. Attorney's Office for review.
The move came after Sand had referred a felony marijuana case against
lawyer and part-time Family Court Judge Martha Davis to court
diversion. Sand has publicly advocated for decriminalizing marijuana.

Gibbs said Douglas believes Sand had a blanket policy of diverting
marijuana cases, citing the news report as evidence.

Douglas has been criticized for not having the same reaction to a
recent Orange County case that was referred to court diversion. Gibbs
said Douglas views that case differently because he did not believe
the prosecutor had a blanket policy, was not a vocal advocate for
legalizing marijuana and the defendant was not a judge.

In a statement, Douglas said by sending Davis through court
diversion, Sand "sends a message that those entrusted to uphold laws
only get a slap on the wrist when they violate them."

In the time since Douglas issued the order, no cases apparently
surfaced that would have been referred away from Sand. Sand said only
a couple of cases a year would likely have qualified.

Sand said he plans to continue advocating for a discussion of the
state's drug laws. He said he provided Douglas with a list of five
goals for more discussion of drug policy:

Drug courts in every Vermont county.

A "tiered response" to marijuana from a ticket to a felony.

Strengthening driving-while-intoxicated laws to target drugged drivers.

A resolution calling on Congress to give states broader latitude in
shaping drug policy.

A bipartisan commission to look at how resources are used to combat drug use.

"I feel like we've been doing business the same way for 30 years, and
I'm not sure we're making the progress we should be or could be
making," Sand said. "I don't think we're making headway in reducing
drug use and drug crime. If we're not getting ahead on those issues,
we owe it to everybody ... to see whether there might be a better way
to do business."

Douglas, in his statement, said he supports a discussion about how to
improve the state's drug laws. "Our focus needs to be on preventing
substance abuse before it begins," Douglas said.