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NORML Op-Ed: Republicans Are Increasingly Unwilling to Respect Voters' Decisions on Cannabis
When it comes to the issue of cannabis law reform, Republican lawmakers all too often ignore or seek to undermine their voters.
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allow people liberty? you are right, they SHOULD...but too many of them only want you to have the "liberty" to do what THEY want you to do.go ahead and change the laws to allow people the liberty
it is something that makes a judge mad as hell , is a person who gets their voteing/ jury rights back ,you will be suprised how many judges will dismiss a person ( from jury dutie)a person who has tried to do right and get their rights back hunting and voteing rights, and the judge doesn't like it at all.they must really fear jury nullifacation.![]()
Cannabis Cases Can All Be Dismissed by a Jury, If the Jury Agrees on a Cannabis Nullification Decision
For centuries, jury nullification has been a way of protecting and defending the people from unjust laws. In an attempt to keep power away from an...cannabis.net
Cannabis Cases Can All Be Dismissed by a Jury, If the Jury Agrees on a Cannabis Nullification Decision
How cannabis legalization is impacting jury nullification
Posted by:
BehindTheWaves on Monday Jul 11, 2022
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The Impact of Cannabis Legalization on Jury Nullification
For centuries, jury nullification has been a way of protecting and defending the people from unjust laws. In an attempt to keep power away from an oppressive government and the people, jury nullification enables citizens (particularly a jury) to veto a guilty verdict even while evidence suggests otherwise.
Jury nullification began in the 17th century as a charge for freedom of religion and, since then, has bestowed onto American citizens the power to dismiss laws they feel are oppressive. Jury nullification has facilitated drastic changes in American society. It helped to end the Salem Witch Trials, ended alcohol prohibition, limited capital punishment, helped protect individuals helping enslaved people escape, and gave way for union rights.
Invalidating Cannabis Charges in Court
Even though many people disagree with cannabis laws in their states, many are foreign to the power they possess to rectify them.
Many jurors are ignorant of the ability to invalidate a case because judges are not compelled to provide any information about it (in many situations, they instruct the jury to focus on ruling based on the facts of the case rather than the justice of the law). Unfortunately, this gives the impression that citizens have no control over the laws, while in reality, they do.
Famous examples of Jury Nullifications in Cannabis Cases
In the early 2000s, Ed Rosenthal, a horticulturist, author, and columnist at the High Times, was caught cultivating cannabis in Oregon. Three federal felonies connected to marijuana growing and distribution were found to be committed by Ed Rosenthal. The jury acquitted Rosenthal on the counts involving the Harm Reduction Center, a medicinal marijuana dispensary in San Francisco. It reached a stalemate on the conspiracy allegation, which the prosecution later dropped.
Some jurors changed their minds after learning about the nullification option and the fact that the city of Oakland had sanctioned him to grow the substance; as a result, the 9th Circuit Appeals Court overturned the conviction. The foundation of this conviction can be attributed to jury selection. The majority of the jurors had prerequisite knowledge of medical marijuana. Once they discovered the court had intentionally failed to mention any reference to medical marijuana, not to mention the judge's insistence on refusing a defense attorney the permission to defend medical cannabis.
Another famous case where the jury successfully nullified cannabis charges occurred in 2012. Doug Darell, 59-year-old New Hampshire Rastafarian, was arrested for cultivating cannabis for religious and therapeutic purposes on a plot behind his home.
The Laconia Daily Sun reported that the jurors at Darrell's trial were fully aware of their ability to overturn the verdict. Judge James O'Neill had read the explained the nullification law to the jury at the advice of defense attorney Mark Sisti. He stressed that even if the jury finds that the State has established every element of the crime charged beyond a reasonable doubt, they could still rule the defendant not guilty if you have a conscious belief that a not guilty judgment would be fair.
Thanks to this, the jury, headed by Free State Project's Cathleen Converse, the well-versed jury, chose to judge the defendant not guilty.
Balancing the scale
One important way the people of America preserve their freedom is the jury's power to throw out a judicial decision. But many people are unaware of how strong the American people are because it is rarely (or never) acknowledged. In order to strengthen just laws and repeal unfair ones, it is crucial to regain that power. It is more or less as though the judicial system homes all the power in this struggle for cannabis legalization and equality in all areas. The power of jury nullification helps the masses take back some of the power as well as balance the scale.
Jury nullifications date back to our founding fathers, who put protections in place to safeguard us from a government as oppressive as the one they had fled. This extends much beyond our right to keep and bear arms, which encompasses the freedom of speech and the right to demonstrate (albeit medical marijuana cardholders are not included in this discussion). In fact, we hold the power; nevertheless, it is up to us to know what that power entails and what we can use it to achieve.
Promoting Jury Nullifications
Do you know you can help spread the word on jury nullification? You can also do more to petition for changes in unjust cannabis laws at the federal level and in some states that are yet to adopt cannabis decriminalization.
A few tips you need to make a difference include:
–Get to know all you can about all aspects of the cannabis sector, including laws, politics, and health. This would assist you in determining where you really stand. Note that there is a lot of conflicting information out there, so it can be difficult to understand what is and is not accurate.
–Ensure you check all information against reliable sources to make sure you can tell facts from fiction. Understanding the rationale behind the source's position is important because many "trusted" people can still hold outdated opinions about cannabis, especially if doing so improves their bank accounts.
–Consider being involved in a cannabis community to discuss what you've learned. Also, discuss what you've learnt with your coworkers, family, and friends. Even if a stranger is keen on learning, put them through.
The best way to ensure jurors know about the right to annul or nullify cannabis-related cases is for everyone to spread the word.
Bottom Line
Have you considered becoming a juror yourself? If you're legally qualified to be one, then do it. Although you may not be delegating on cannabis cases, it puts you in proximity with those who would. You'd have a solid opportunity to see how the justice system works firsthand and be a part of it. If you're fortunate enough to be on a cannabis case, you can tell other jurors about nullification, leading to reform in your locality and state.
If jury qualifications become a trend in the United States, the federal government may have no choice but to satisfy the wishes of the masses by legalizing cannabis nationwide.
take 1 look at the strange things that go on in kentucky![]()
NORML Op-Ed: Republicans Are Increasingly Unwilling to Respect Voters' Decisions on Cannabis
When it comes to the issue of cannabis law reform, Republican lawmakers all too often ignore or seek to undermine their voters.norml.org
they need to sit down and think about the next election ,i tend to not vote along party lines , the underhanded barstool laws will make em lose votes , big time!![]()
Ohio GOP Senate President Outlines Plan To Amend Voter-Approved Marijuana Law Next Week, Days Before Legalization Takes Effect
Ohio’s Republican Senate president says his chamber will take the first step toward amending a voter-approved marijuana legalization law at the beginning of next week, with just days left before key provisions of the initiated statute take effect. But the House speaker, for his part, still says...www.marijuanamoment.net
Garden June 2009
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Interesting to see the parallels with Covid and Cannabis on how they manipulate the public. Both have been propagandized heavily, and once they get the public deceived, they have effectively changed the culture and people self govern at that point. The government doesn't have to lift a finger. So many just obey orders without a second thought. Covid was just another example of how the mainstream media and constant news cycle propagandizes and readily changes public perception and opinion.
Why don't people question things, I guess time is the master as well as energy level. People are busy living their lives and trust the experts.
Right now the USA is holding its breath for the Drug Enforcement Agency (DEA) to make a review of the recommendation by Health and Human Services and the Food an Drug Administration (FDA) for cannabis to be moved from a Schedule 1 to Schedule 3 controlled substance. Doing this will still not solve the conflict with the states with legal adult-use cannabis and likely, the medical cannabis programs as well.
Some states that have legalized it, local towns and counties can choose to ban cannabis, and they continue to criminalize the natural right of people to take care of their own body. I don't see this coming to an end in my lifetime. It will be 20 years easily before this nonsense starts to clear up.
They talk about the future of the cannabis industry on the Potcast, its interesting, but for liberty and justice to be all across this land from sea to sea, its going to be long battle, I think. I don't understand becuase, there is real damage from prohibition as well as the need or people to have legal access to a medicine they need.