First Circuit Affirms Lower Court: Prosecution of Lucas and Alisa Sirois to Continue

Press Release

Farmington couple failed to overcome evidence presented by the government that they ran an interstate marijuana collective in violation of Maine law

PORTLAND, Maine: The U.S. Court of Appeals for the First Circuit on Tuesday affirmed the district court's decision to deny a motion filed by Lucas and Alisa Sirois to end the federal prosecution against them. The defendants failed to show that their marijuana operation complied with Maine's medical marijuana laws. As a result, the prosecution will continue in federal court.

Lucas and Alisa Sirois sought to enjoin their prosecution by invoking the Rohrabacher-Farr Amendment, which prohibits the Department of Justice from prosecuting cases that would interfere with states' ability to implement their own medical marijuana laws. But because the defendants could not demonstrate that their operations complied with Maine law, the appellate court held that the U.S. Attorney's prosecution did not run afoul of the Amendment. Indeed, as reflected in the Court's opinion, Maine's Office of Cannabis Policy requested the federal government to investigate the defendants because it believed that they operated as a collective, which was illegal under Maine law. The Court further concluded that Lucas Sirois failed to rebut evidence presented by the government that he knowingly engaged in more than a million dollars' worth of black-market sales of marijuana.

Lucas Sirois and his coconspirators are alleged to have realized more than $13 million in proceeds over a six-year period through the illicit sale of marijuana, including from black market sales outside of Maine. The alleged conspiracy involved recruiting coconspirators to cultivate marijuana on his behalf, creating an illegal collective, and then laundering the proceeds of the conspiracy through a complex network of corporations he controlled. Sirois currently faces 11 charges, including conspiracy to commit money laundering, bank fraud, and tax evasion. Alisa Sirois faces three charges, including conspiracy to commit money laundering and bank fraud. Five conspirators have pleaded guilty to charges and await sentencing, with charges pending against others.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

###

Contact

Updated October 17, 2024