LTE: Diversion for Pot Is Disgrace
Joshua Jackson
November 8, 2007
Rutland Herald
As a former Vermont state correctional officer, I feel strongly that the criminal justice system failed in the case of Martha Davis. It always seems that those who are of high status and wealth are those who often find a way to avoid serving time in jail.
Martha Davis may have been a well-known, respected, and prominent attorney in Windsor County, but she should not have been allowed to be referred to court diversion in this case. Possession of marijuana alone is a criminal charge, and depending on the amount, it can become a felony itself. Growing and cultivating marijuana is also a crime in itself and can also become a felony, depending on the amount of cultivation that is found.
I don't understand why any prosecuting attorney would allow Davis to go to diversion and not have a single blemish on her record. Whether she grew the marijuana for her own consumption or not, what she did was in full violation of the law. Whether Davis was a first time offender or not, she should have been prosecuted to the fullest extent of the law, based on the evidence that was found in her home. They found 32 marijuana plants in her home and an entire cultivation room. Davis was clearly in gross violation of the law. This woman knowingly violated the law, and she will get a tap on the hand and be allowed to continue her career as an attorney (and sometimes a judge) in Windsor County.
Martha Davis should have been charged to the fullest extent of the law (regardless of the fact that she was a first time offender). Davis should have been stripped of her bar licensing, and furthermore she should receive time in jail.
Windsor County State's Attorney Robert Sand likely knew Davis as a colleague and personal friend, and as a result he did her a favor by not charging her for her gross violation of the law. I am sure that Sand will see continued backlash from those opposed to his decision not to charge Davis. Both Robert Sand and Martha Davis are a disgrace to the criminal justice system in this country.
Joshua Jackson, Windsor | 
