Marijuana Policy Project

MONTPELIER, Vt. — Gov. Jim Douglas on Tuesday dropped his order that state law enforcement agencies in Windsor County refer felony marijuana cases to the attorney general's office.

Douglas said he made the change after being persuaded State's Attorney Robert Sand does not have a "blanket policy" that such offenders shouldn't be jailed.

Douglas' move came in response to statements from Sand that he has no "blanket policy," directing that cases involving possession of large amounts of marijuana — but not sale of the drug — should be resolved through a court diversion program.

"I consider these steps a good faith effort by Mr. Sand," Douglas said in a statement, "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."

Sand, who has spoken out several times in favor of decriminalizing marijuana possession, issued a statement later saying he welcomed the governor's decision.

"I am pleased that Gov. Douglas rescinded his order," the prosecutor said. "I was elected by the people of Windsor County to be their state's attorney and I am honored by that trust. My office will continue to review each and every case that we receive and strive for a just outcome in each matter based on the individual facts and circumstances presented."

Douglas had said recently he feared Sand's decision to send the case of 61-year-old lawyer and former part-time Family Court Judge Martha Davis to court diversion reflected the prosecutor's "personal crusade" to relax marijuana laws.

Sand said in an interview that he was not backing away from his call for reforming drug laws.

"Has anything that has happened either in the governor issuing his order, or rescinding his order, has that changed my perspective on whether we need to have the drug-policy debate? The answer to that is no," Sand said.

In his statement, he added, "There will be more disagreements in the drug policy debate. I hope we can have those disagreements in a civil and respectful manner without questioning the integrity, discretion, and public safety commitment of those with whom we disagree."

He said he had 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 in the drug war and "whether some alternative approaches might enhance public safety."

The governor's statement talked up his DETER — drug education, treatment, enforcement and rehabilitation — program.

"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," the governor said.