ATTORNEY ARGUES FOR RASTAFARIAN CLIENT

Judge Doesn't Buy That Marijuana Is A 'God-Given Right'

Defense attorney Ronald F. Stevens' presentation in New London
Superior Court Thursday could have been called "Marijuana 101."

His client, 42-year-old Vernon Smith of Norwich, had pleaded guilty to
two counts of possession of marijuana with intent to sell after police
found him with more than 20 pounds of the drug earlier this year.

As a Rastafarian who believes that selling, trading and possessing
marijuana is "a God-given right," Smith had asked his lawyer to argue
his point of view in an attempt to reduce the state's recommended
sentence of seven years in prison, suspended after 30 months served
and three years probation.

Smith, a father of seven from St. Croix, Virgin Islands, is a "Mr.
Mom" who takes care of the kids while his wife works and supplements
his income by selling marijuana, Stevens said. He does not sell to
children, the attorney said.

This was Smith's third conviction, and it was his second time in front
of Judge Susan B. Handy. Stevens acknowledged the judge had to follow
the law, but said he had to advocate for his client.

"Mr. Smith firmly believes in his heart of hearts and in his religious
and cultural convictions that marijuana is part of his human rights,"
Stevens said. "He wants to fight the good fight for the legalization
of marijuana."

Stevens said he listened to audio tapes, watched television specials
and read up on the history of marijuana and the Rastafarian religion.
Marijuana was legal until the 1930s, he said. He referenced Supreme
Court decisions involving Rastafarians and their use of marijuana. He
recited a poem on his client's behalf and quoted from a Biblical
passage about "the herb of life." He said Rastafarians consider
marijuana or "ganja" to be "wisdom weed."

After referencing the Prohibition period, when alcohol was illegal but
marijuana was not, Stevens said that in his practice, "I see more
problems with alcohol than I've seen with marijuana, frankly."

Stevens said his client's beliefs had made him the victim of a violent
crime. Two men, whose cases are pending in the same New London court,
had entered Smith's home in May while his parents were visiting from
St. Croix and held guns to their heads. While police were
investigating, Smith admitted he had marijuana in the home. Police
recovered four ounces, and were holding a warrant for his arrest when
he was pulled over and found with 20 pounds of the drug.

Smith, who wore a white robe and a tri-colored headwrap to his court
appearances, said he has always tried to set a good example for his
people and has followed the Ten Commandments. He does not consider
himself a criminal.

"I know that the law is such in this country, but I feel one day the
law will change, especially with people who indulge in marijuana and
are not violent," he said. He knows many people who use marijuana to
relax and meditate, he said.

Knowing Stevens was about to make the argument, prosecutor John P.
Gravalec-Pannone had said that the proper place for it would be the
legislature. He also said that in his experience, the dealing of
marijuana and the potency of it when mixed with other substances has
led to violent crimes, including murder.

"The law is the law," Pannone said.

Handy said she had respect for Smith's religion, but that he could not
use it to hide his criminal behavior. She did not reduce his sentence.
She said that as long as marijuana is illegal, possessing, using and
selling it is criminal.

"That home invasion was because of what you do, which is criminal
activity," she said. "You, sir, put your children, your wife and your
visiting parents at risk because you sell drugs."