PORTLAND — The state’s highest court ruled Tuesday that Maine’s bath salts law is not unconstitutionally vague.
The Maine Supreme Judicial Court upheld the conviction of 45-year-old David Reckards of Thomaston, who was charged in November 2012 with conspiracy and unlawful trafficking in synthetic hallucinogenic drugs.
The Thomaston man previously pleaded guilty to the offenses on a conditional basis, meaning that he could withdraw the pleas if his appeal to the high court was successful. If the appeal failed, his sentencing agreement called for him to serve nine months in jail.
At the time of Reckards’ arrest, agents with the Maine Drug Enforcement Agency reported they seized bath salts worth about $10,000, along with packaging material, scales, needles and drug paraphernalia from his West Meadow Road home. Neighbors had reported cars stopping at the residence for short periods throughout the day and night.
Reckards’ attorney Jeremy Pratt and Assistant Attorney General Katie Sibley made their oral arguments to the court on Feb. 12. Pratt argued that the state law was incomprehensible and that an ordinary person could not understand whether they were in violation of the law.
Justices expressed their skepticism of that argument at the February hearing, suggesting that a person could simply not manufacture drugs that alter people’s minds.
“Wouldn’t it be fair to say to people, ‘Don’t sell poison to a fragile population’?” Justice Ellen Gorman asked.
The high court judges agreed in their ruling that the state law was complicated but not to the point that it made it unconstitutional.
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