Somali spared prison for khat crime

PORTLAND – A Somali refugee convicted of federal drug charges in the first case in Maine involving the stimulant “khat” was spared going to prison by a federal judge Thursday.

Judge D. Brock Hornby sentenced Abdigani Hussein of Portland to one year of probation and urged him to help raise awareness in Maine’s immigrant community that khat contains an illegal substance.

“You should let your friends and neighbors know about the illegality of khat,” the judge told Hussein.

During the hearing, Hussein’s wife was at the Maine Medical Center giving birth to their child. Hussein was given the opportunity to delay his sentencing, but he said he wanted to get it over with.

Afterward, he talked briefly with his probation officer before being allowed to leave and go to the hospital.

The case in U.S. District Court was the first of its kind in Maine, but one of a growing number around the country with an influx of immigrants from countries such as Somalia, Ethiopia, Kenya and Yemen.

In those countries, khat is used in much the same way coffee is used in the United States, Hussein’s lawyers said.

The problem is that khat contains cathinone, which is chemically similar to amphetamines. Federal drug enforcement agencies have included cathinone on the list of controlled substances since 1993.

“We have all learned a lot about a controlled substance that we previously knew little, if anything, about,” Hornby said.

Hussein could have faced up to 20 years in prison. But under federal guidelines, his sentence fell in a range of zero to six months because of his background and lack of criminal history.

Assistant U.S. Attorney Jonathan Chapman recommended something at the “low end of the guidelines.” But he defended the appropriateness of the government’s decision to prosecute Hussein.

“Khat is coming into the United States and it is an illegal substance, as the court has determined. … Large amounts of it are coming across the borders and it’s a serious problem,” Chapman said.

Last year, 103,000 pounds of khat were intercepted at the nation’s borders by U.S. Customs officers, he added.

Although Hussein was spared prison, he still faces potential deportation because of the felony conviction. For that reason, defense lawyer Joseph Groff said he could not rule out an appeal.