FARMINGTON — A federal judge heard arguments Wednesday on a request to allow a Rangeley man charged in an illicit marijuana operation to use medical marijuana while free on bail.
Magistrate Judge John Nivison will issue a ruling on Lucas Sirois’ motion at a later date.
A 2021 federal complaint alleges the former Farmington resident was the leader of the operation in the Franklin County area. He and co-conspirators took in more than $13 million over six years through the illicit sale of marijuana, according to the complaint.
Sirois structured his operations to appear as though they complied with Maine’s medical marijuana laws while he regularly sold bulk marijuana on the illicit market, including more than $1 million worth of marijuana for out-of-state distribution between 2018 and 2019, according federal prosecutors.
U.S. Attorney Darcie McElwee and U.S. Assistant Attorney Noah Falk opposed the motion to modify conditions of his release.
Marijuana use is illegal by federal law, but it is legal in Maine.
Sirois’ attorney, Timothy Parlatore, filed a motion in March with the U.S. District Court in Bangor requesting release conditions be amended.
Parlatore gave three options: Permit Sirois to continue using his physician-prescribed cannabis medicine; direct that he not be sanctioned for such use as long as it complies with Maine law; or direct that pretrial services not file any violation petition based solely on a urinalysis test indicating positive for THC, given legal hemp derivatives. Although the products are legal under federal law, both could cause urinalysis results that indicate marijuana use, according to Parlatore’s motion.
Sirois has been under the care of Dr. Dustin Sulak of Falmouth for over 10 years. His statement included in the motion said, “Mr. Sirois has derived great benefit from the analgesic, anti-inflammatory, and to antispasmodic properties or medical cannabis.”
The motion also stated, “The government has offered no factual or legal arguments as to what harm would come, or what governmental interests would be served by sanctioning Mr. Sirois for taking medication prescribed to him by his doctor, in strict compliance with state law, which has proven very effective at addressing his medical condition,” according to the motion.
Federal attorneys disagreed with the request.
The “court should enforce the existing terms of supervision and the federal law by continuing to prohibit the defendant’s use of medical marijuana,” according to their response. The “Controlled Substances Act contains no exceptions — express or implied — for medically prescribed marijuana.”
Sirois pleaded not guilty in November 2021 to a multi-count federal indictment connected to an alleged illicit cultivation and distribution of bulk marijuana in the Franklin County area. Three pot businesses connected to him, Lakemont, Sandy River Properties and Spruce Valley, have also pleaded not guilty.
Sirois is one of 11 people named in the 15-count indictment. All have pleaded not guilty to various charges related to the alleged operation and money laundering scheme.
Then-Franklin County Assistant District Attorney Kayla Alves of Farmington, who was not indicted but was charged, has pleaded guilty and is awaiting sentencing.
Randal Cousineau admitted in U.S. District Court in October 2021, before the grand jury indictments were handed up, to conspiring to possess and distribute more than 1,000 kilograms of marijuana and 1,000 marijuana plants. He faces from 10 years to life in prison and up to a $10 million fine, according to court records.
The other 10 who were indicted Nov. 9 were former Rangeley Selectman David Burgess of Rangeley; Ryan Nezol of Farmington; Lucas Sirois’ father, Robert Sirois of Farmington; former Franklin County Sheriff’s deputies Derrick Doucette of Jay and Bradley Scovil of Rangeley; Lucas Sirois’ estranged wife, Alisa Sirois, of Kingfield; Brandon Dagnese, 27 of Scarborough; tax preparer Kenneth Allen of Farmington; former Oxford County Sheriff’s Deputy James McLamb of Auburn; and former Wilton police officer Kevin Lemay of Farmington.
One of Sirois’ mandatory release conditions is that he not violate federal, state or local law while on release. The conditions include not using or possessing controlled substances unless prescribed by a medical professional. The condition explicitly excludes the use of marijuana “even with a prescription,” according to a federal court document.
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