Here's your weed back citizen E-mail
Written by Mark Nichols   

At the time this article was written, voters in multiple states across the U.S. had not yet voted on a wide array of laws related to marijuana. But if the recent past is any indication, medical marijuana will be available in states like Massachusetts where possession for personal use has already been decriminalized.

Depending on the mood of voters in Oregon, Washington and Colorado, legalization of marijuana might become the law of the land- at least at the state level.

Should voters decide to decriminalize or legalize, you can expect to see a series of stories like this one from the State of Maine.

In Ellsworth, police recently returned $2,800 worth of marijuana, just 17 plants, to licensed medical marijuana caregiver Thomas Davis.

According to the Bangor Daily News, the plants were stolen from a greenhouse near Davis' home.

Police arrested and charged Aaron Pert, 32, of Trenton, Maine, with the burglary.

He told police that he was the guilty party after a car he was in was pulled over for allegedly running a stop sign. Pert eventually told police where the plants were stashed and police recovered the marijuana.

The dilemma for law enforcement was obvious. They didn't know whether to destroy the plants or return them to Davis.

According to the newspaper, the police department was worried about violating federal law if officers returned the medical marijuana, which is legal under state law.

Based on the way the Obama Administration has approached state law regarding marijuana those concerns are well founded.

Because federal law trumps state law, police officers can find themselves in a real pickle. The choice is between not following state law and destroying the plants or risk being charged as drug traffickers by federal law enforcement.

"This is new," Ellsworth police Lt. Harold Page told reporters.

"No one's dealt with this before."

Ellsworth police Chief John DeLeo said that returning the medical marijuana to Davis was entirely legal.

Unfortunately for Mr. Davis, about 85 percent of the stolen crop has been destroyed by mold. Davis is a state-licensed caregiver for three patients and also uses marijuana himself to treat pain caused by fibromyalgia.

The theft will set him back months, Davis says.

He also told the newspaper that he’s worried his patients may have to get their medication off the street.

But  Davis also salutes the police for taking a stand and hopes the incident and the cooperation with local police will set a precedent in which the police will view medical marijuana just like any other stolen property.


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