Marijuana Policy Project

Gov. Jim Douglas, R-Vermont, says he no longer wants Windsor County District Attorney Robert Sand handling felony marijuana cases.

Earlier this week, Sand dropped criminal charges against lawyer Martha Davis, who is also a part-time acting judge. She was busted last month for growing pot at her home. Sand permitted her to enter the court diversion program and says it's his policy to put all first-time, non-dealing marijuana offenders into diversion.

Gov. Douglas says he is angry about that policy, so he has ordered Vermont State Police to now send all significant marijuana cases in Windsor County to the attorney general's office or the U.S. Attorney instead of sending them to Sands' office.

Bill Sorrell, D-Vt. Attorney General, says that the governor has the right to order the police to reassign the Windsor County felony pot cases. Sorrell also said that an assertion by prosecutor Sand that Vermont is wasting prison space sending small-time marijuana offenders to jail is simply not true.

"This week, we have over 2,000 Vermonters incarcerated. Less than one-half of one-percent are in there are for pot possession: ten offenders. And if you look beneath the surface of those cases, my guess is you'd see a very different story in that their only offense was the possession of pot. My guess is that they were in for a number of offenses, probably burglary or other crimes like this," says Sorrell.