ALLEGED MARIJUANA GROWER CITES MS

A Sebago woman facing a misdemeanor charge of marijuana cultivation could be
the first test of the state's new medical marijuana law.

Pat Dion, 40, was issued a summons Tuesday after Cumberland County sheriff's
deputies found eight marijuana plants growing in the woman's back yard,
authorities said.

Dion told the deputies she uses marijuana to ease the discomfort caused by
her multiple sclerosis.

Maine voters overwhelmingly enacted a law in November which allows the use
of marijuana for the treatment of some medical conditions, including cancer,
AIDS and MS.

The law was enacted with the support of Cumberland County Sheriff Mark Dion,
the only major law enforcement official to back the legislation. Dion, who
is no relation to the woman charged, said Wednesday that his support for the
law and his deputies issuing the summons are not inconsistent.

"The way the policy is now, the officer has to exercise their responsibility
as if it would be a criminal case and let the prosecutors make the final
discretionary judgment," the sheriff said. "If the person is asserting a
medical defense, then we can make the district attorney aware of that and it
is their responsibility to determine whether prosecution is warranted."

For a person to use marijuana legally under the new law, a doctor must have
diagnosed an illness that is covered by the law and provided a letter
recommending the use of marijuana for therapeutic reasons. The law also
allows cultivation of only six plants at one time and possession of up to 10
ounces of dried marijuana.

The law allows possession of only a limited amount of the drug to ensure it
is not being sold or used for recreational purposes.

Efforts to reach Pat Dion by telephone were unsuccessful.

The law does cover multiple sclerosis, a chronic, debilitating disease of
the nervous system that can cause persistent muscle spasms.

Sheriff Dion is a member of the state task force that is working on ways to
implement the new law. The task force initially is trying to reconcile the
conflict between Maine's law and federal law, which does not treat medical
uses of marijuana as legal. The task force also is discussing mechanisms for
distributing marijuana to people who are eligible to use it legally.

Dion expects the task force work to take all summer.

Authorities first learned about Pat Dion's plants Monday. Cumberland County
Sheriff's Deputy James Estabrook was contacting a man at her residence on
Route 107 for an unrelated traffic violation when he saw the 2- to 4-foot
high plants growing in plain view in the back yard.

A search warrant led to the discovery in the house of equipment used to grow
marijuana indoors – lights, potting soil, timers and fans, authorities said.

Elizabeth Beane, director of Mainers for Medical Rights, said the growing
equipment is necessary to cultivate marijuana year-round in Maine. Mainers
for Medical Rights is the group that spearheaded the legislation legalizing
marijuana for medicinal use.

Beane said she is unaware of anyone in the state having been charged with
possession or cultivation of marijuana when they have been eligible to use
it under the new law. In several jurisdictions, authorities are aware of
people with painful and debilitating diseases who are using marijuana and
the officials have taken no action, she said.

According to Sheriff Dion, however, prosecutors currently are responsible
for deciding whether the marijuana use is legitimate.

"That's what we're struggling with in the task force, is to have a process
to make that assessment more efficiently," Dion said.

Beane hopes police procedures eventually can incorporate the law so an
officer can assess the legality of the use prior to filing a charge.

Pat Dion is scheduled to appear in Bridgton District Court on Aug. 9 on the
misdemeanor cultivation charge.

Staff Writer David Hench can be contacted at 791-6327 or at:
dhench@pressherald.com