MARIJUANA VERDICT MAY SET PRECEDENT THROUGHOUT MAINE HEMPSTOCK

Organizer, Medical-Pot Backer Is Acquitted Using Affirmative Defense

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.