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PORTLAND – A man charging violation of his religious rights in a 2004 marijuana seizure is seeking $75 million from the state and the Maine Drug Enforcement Agency.

Norman Hutchinson, 48, of Mexico claims his rights were violated under the First Amendment of the U.S. Constitution, the Free Exercise Clause of the Maine Constitution, the Freedom of Religion Restoration Act of 1993 and the U.S. Code.

Hutchinson is also seeking compensation from the Mexico Police Department, charging the seizure of property without compensation. He asks for $12,000 in compensation for the value of an ATV, plus $100 a day from the date of its seizure on Aug. 16, 2004, to the date of a final court order; $58,000 for the loss of his marijuana and growing equipment; and $1,000 for every day he spent in jail on drug charges.

Hutchinson was sentenced to serve 180 days in jail on a marijuana cultivation charge and a subsequent probation violation in September 2005. The total daily compensation request for the ATV seizure amounted to $174,600 on Thursday, with the maximum damages request against the Mexico Police standing at $424,600.

The proposed Mexico police budget for the 2009-10 fiscal year is $337,102.

In the civil suit before the U.S. District Court, Hutchinson argues that he is a member of the Religion of Jesus Church and uses cannabis for sacramental purposes. According to the church’s Web site, members are mandated to use cannabis based on 12 tenets, including amplifying the worship of God, increasing the ability to feel the presence of God, creating peace, and fighting alcohol and tobacco addiction.

The Religion of Jesus Church was founded in 1969 by James Kimmel, a former high school science teacher. It is based in Hawaii.

According to court documents, police searched Hutchinson’s home at 21 Granite St. in August 2004 after an individual was found with Hutchinson’s ATV tending marijuana crops off Route 2 in Dixfield. A search of Hutchinson’s residence found 55 marijuana plants, processed marijuana, grow lights and other cultivating equipment.

In September 2005, Hutchinson pleaded guilty to cultivating marijuana and admitted the criminal forfeiture of the ATV. He also admitted a probation violation charging further marijuana possession and cultivation.

In addition to charges of constitutional and civil rights violations, Hutchinson has filed claims against the state and two police agencies of false imprisonment, trespass, conversion, invasion of privacy, and negligent and intentional infliction of emotional distress.

U.S. District Court Judge George Singal granted a motion by Maine Attorney General Janet Mills for a summary judgment in the state’s favor on those six claims.

Mills had argued that Hutchinson was arrested for the cultivation rather than the use of marijuana, that Hutchinson had not served a notice of claim with the Attorney General’s Office, and that he did not file the lawsuit within a two-year statute of limitations.

Singal did not rule on the charges against the Mexico Police Department or on the four counts charging the state and the MDEA with violation of rights.

Hutchinson has asked for a jury trial to determine any damages if the state does not agree to his request for a summary judgment on the remaining charges.

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