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Political notes from Free Press staff writers Terri Hallenbeck, Sam Hemingway and Nancy Remsen
12.11.2007
Douglas lifts Sand ban
Gov. Jim Douglas has rescinded his order requiring state police and other state law enforcement officials in Windsor County to send any first-time marijuana possession cases involving significant number of plants or dried weed to the Attorney General or the U.S. Attorney for prosecution or at least initial review. Douglas dropped this unusual requirement after Sand clarified his policy and practice in handling marijuana cases. Here's the communication from Sand to Susanne Young in the governor's office that helped end the tiff: I will be on the radio tomorrow and I think someone from the Governor's office may be as well. 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 or misperception. The first time it was reported I had a policy was on WCAX and that then morphed into my having a "blanket policy"
It is my sincere hope that with that clarification and apology we can both find a way to move beyond the Governor's directive and the business of comparing responses in different counties.
If you have any questions about whether we have a blanket policy I would encourage you to speak with attorneys in this County. Each and every case is reviewed individually with an eye toward a fair response. People may disagree on what a fair response is but we seek that goal not based on policy but based on individual case review.
I hope the Governor will seize this opportunity to move forward.
BobbyThe squabble began because of the way Sand handled the case of a Windsor lawyer charged with possessing 36 marijuana plants and more than two pounds of dry marijuana. Sand referred the case to court diversion, rather than prosecuting the lawyer for a felony. Douglas said this decision was too lenient and he worried that Sand had a blanket policy to let all first-time marijuana possession cases off the hook. That's why he direct that all the cases he could control as the state's chief executive to someone else other than Sand. As you can see from Sand's e-mail, there was a misunderstanding about whether Sand had a blanket policy on marijuana cases. Douglas says he now believes Sand won't in the future have a blanket policy. The governor's statement is long, but deep in there he announces he has lifted his Sand ban.
Official Statement of Governor Jim Douglas Confronting Vermont’s Substance Abuse Epidemic
Tuesday, December 11, 2007
Vermont continues to confront a serious drug abuse problem. Too many out of state drug dealers view Vermont as a safe, profitable place to deal their poison. Every elected official has an obligation to evaluate what message their actions send to would-be dealers and when an action or practice fosters this view of Vermont, I have a duty to act.
If you ask anyone in law enforcement, ask anyone in social services, ask a teacher or a principal, ask a parent if drug abuse is a problem in Vermont, and the answer will be a resounding “yes.”
I support a discussion about how to improve our drug laws. Since becoming Governor, my drug education, treatment, enforcement and rehabilitation (DETER) program has been—and continues to be—one of my top priorities.
In my view, diverting all first-time marijuana possession cases regardless of the quantity involved turns a blind-eye to the law and the larger problem of substance abuse in Vermont. Such a practice pushes aside prosecutorial discretion in favor of a one-size-fits-all drug policy.
It is also my view that allowing a public official—who knows the laws and holds others accountable to them—to use court diversion in a case involving substantial quantities and a sophisticated operation to cultivate an illegal substance sends a message that those entrusted to uphold laws only get a slap on the wrist when they violate them. And, as Attorney General William Sorrell said publicly, “If all first-time marijuana possessors and cultivators in Windsor County are treated with diversion, I guess that’s the county in which you ought to be in that business…”
I was heartened to hear on the news last night—and again from him this morning in a communication to my office—that Windsor County State’s Attorney Robert Sand will not have a one-size-fits-all practice or policy for Windsor County. Coupled with his dialogue with Windsor County law enforcement officials, and his acknowledgement that earlier statements may have created the impression of a “blanket policy,” represent a meaningful effort to restore balance in the criminal justice system in that county.
I consider these steps a good faith effort by Mr. Sand, and have decided to lift my order requiring state law enforcement officers to send first-time marijuana possession cases involving significant quantities to the Attorney General or U.S. Attorney for an initial prosecutorial review.
Ultimately, we will succeed in confronting substance abuse by preventing it before it begins. Through my DETER initiative we have invested nearly $22 million to help communities be healthier and safer, and we are educating young Vermonters about the dangers of drugs so they have the strength and courage to refuse them.
DETER has provided Vermont with a sustainable strategy to address today’s substance abuse problems and reduce tomorrow’s risk. It is a multi-faceted effort to address Vermont’s drug epidemic.
Through this program we have put more cops on the beat and more hardcore drug dealers behind bars. We’ve significantly increased capacity for outpatient treatment around the state; added heroin treatment capacity; put drug counselors in our schools and a recovery center in every region; added a new residential treatment facility for women and adolescence, as well as transitional housing for those in recovery; and taken steps to better address the needs of individuals with co-occurring substance abuse and mental health disorders. All together, this is the most coordinated substance abuse prevention program Vermont has ever had. But there is much more to do.
Drugs like heroin, crack cocaine and prescription painkillers—and the out-of-state peddlers who push them—continue to be a problem. Moreover, binge drinking and marijuana use among young people in Vermont continue to be well above national averages. The social and economic cost of substance abuse is severe—contributing significantly to health care costs, crime, domestic violence and other serious social ills.
Our focus needs to remain on preventing substance abuse before it begins. But make no mistake, in word and deed I will stand shoulder-to-shoulder with Vermont’s law enforcement community as we fight those who poison our children for profit. Why do you think the governor believed he had to draw this line in the sand? So should these two have sat down together in the beginning to air their differences? -- Nancy Remsen
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