Democrats Say Douglas
Went Too Far
In Drug Order
By M. D. Drysdale

Windsor County Democratic legislators reacted vigorously Tuesday to an order issued by Gov. Jim Douglas directing State Police and others to send "significant" marijuana cases directly to the state attorney general’s office, bypassing the office of Windsor State’s Atty. Robert Sand.

Douglas had disagreed with a case in which Sand sent the marijuana possession case against a Windsor attorney, Martha Davis, to the court Diversion program, which usually results in no criminal record.

The governor was critical of Sand’s decision in this particular case, which he implied may have been part of a personal agenda. The state’s attorney has well-known views in favor of decriminializing marijuana possession.

The governor’s order, which applied to all state enforcement agencies including the state police and game wardens, was believed to be unprecedented.

Other state’s attorneys, questioned by the Valley News, unanimously said they disagreed with Sand’s sentencing decision—primarily because of the amount of marijuana involved, which included more than two pounds, plus 36 plants in the ground.

Unanimously also, however, the prosecutors said they were troubled by the governor’s intrusion into county law enforcement.

Vermont Atty. Gen. William Sorrell also questioned Sand’s judgment in the Davis case and indicated his office would have no problems taking over the enforcement of Windsor County marijuana cases. Only a dozen or fewer cases might be involved, it was believed.

Legislators Protest

Tuesday, Democratic legislators entered the fray, issuing letters critical of both Douglas and Sorrell, who is a Democrat.

Apparently penned by Senate Majority Leader John Campbell of Woodstock, the letter was signed by all Democratic legislators in Windsor County, with the exception of Sen. Alice Nitka.

Legislators from this area signing the letter included Sen. Richard McCormack and Reps. Sandy Haas, Jim Masland, Mark Mitchell, and Margaret Cheney.

The two letters did not state an opinion about the Martha Davis case but criticized the governor’s "usurpation" of the locally-elected state’s attorney.

"By interfering with his decision-making ability, absent a clear case of malfeasance on his part, we believe you have overstepped the legitimate limits on your powers," the letter to Gov. Douglas stated. The governor’s order was a "personal affront" to Windsor County voters who have returned Sand to office several times, it stated.

The legislators asked him to rescind his order, but Douglas said he had no intention of doing so.

The letter to Atty. Gen. Sorrell asked him not to accept any marijuana cases from Windsor County but instead to "redirect them to their proper venue."

"We urge you not to cooperate with this usurpation," it said.

The letter to Sorrell also charged the governor is suffering from a "lack of a sense of proportion" by focusing on marijuana enforcement in the same week that Vermont suffered a spate of murders.

"We urge you to distance yourself from so irresponsible and distorted a position," they told the Democratic attorney general.