Cannabis cases can all be dismissed by a jury if the jury can agree on a cannabis invalidation decision
The impact of cannabis legalization on jury annulment
For centuries, jury annulment has been a way to protect and defend people from unjust laws. In an attempt to keep power away from an oppressive government and the people, jury annulment allows citizens (particularly the jury) to veto a guilty verdict, even when evidence suggests otherwise.
Annulment by jury began in the 17th century as an indictment of religious liberty and has since empowered American citizens to oppose laws they find oppressive. The jury annulment has enabled drastic changes in American society. It helped end the Salem witch trials, end prohibition on alcohol, limit the death penalty, protect individuals who helped enslaved people escape, and make way for trade union rights.
Invalidating cannabis charges in court
While many people disagree with the cannabis laws in their states, many are unfamiliar with the power they possess to rectify them.
Many juries do not know if they can invalidate a case because judges are not required to provide information about it (in many situations, they direct the jury to focus on making a decision based on the facts of the case rather than on the basis of the righteousness of the law). . Unfortunately, this gives the impression that citizens have no control over the law, when in fact they do.
Famous examples of jury annulments in cannabis cases
In the early 2000s, Ed Rosenthal, a horticulturist, author, and columnist for the High Times, was caught growing cannabis in Oregon. Ed Rosenthal was found to have committed three state felonies related to the cultivation and distribution of marijuana. The jury acquitted Rosenthal on charges involving the Harm Reduction Center, a medical marijuana dispensary in San Francisco. A standoff ensued over the conspiracy charge, which prosecutors later dropped.
Some jurors changed their minds after learning about the annulment option and the fact that the City of Oakland had sanctioned him for growing the substance; As a result, the Ninth Circuit Court of Appeals reversed the conviction. The basis of this belief can be attributed to jury selection. The majority of the judges had a basic knowledge of medical marijuana. When they discovered that the court had purposely failed to mention any reference to medical marijuana, let alone the judge’s insistence on denying a defense attorney permission to defend medical cannabis.
Another famous case in which a jury successfully nullified cannabis charges occurred in 2012. Doug Darell, a 59-year-old Rastafarian from New Hampshire, was arrested for using religious and therapeutic cannabis on a property behind his home purposes.
The Laconia Daily Sun reported that the jurors at Darrell’s trial were aware of their ability to overturn the verdict. Judge James O’Neill read the nullity law to the jury on the advice of defense attorney Mark Sisti. He stressed that even if the jury finds that the state has established beyond reasonable doubt every element of the accused crime, they could still find the accused not guilty if they consciously believed that a not-guilty verdict would be fair.
Because of this, the jury, led by Free State Project’s Cathleen Converse, the experienced jury, decided to find the accused not guilty.
balance scales
An important way the people of America maintain their freedom is through the power of the jury to overturn a court decision. But many people don’t realize how strong the American people are because they are rarely (or never) recognized. Reclaiming that power is critical to strengthening just laws and repealing unfair ones. It’s more or less as if the justice system holds all the power in this fight for cannabis legalization and equal rights in all areas. The power of jury annulment helps the masses regain some of the power and even the scales.
Jury annulment dates back to our founding fathers taking protective measures to protect us from a government as oppressive as the one they fled from. This goes well beyond our right to own and bear arms, which includes freedom of speech and the right to demonstrate (although medical marijuana card holders are not included in this discussion). In fact, we have the power; Still, it’s up to us to know what that power entails and what we can use it for.
Promotion of annulment by the jury
Do you know you can help spread the word about the jury annulment? You can also do more to enact changes to unfair cannabis laws at the federal level and in some states that have yet to pass cannabis decriminalization.
A few tips you need to make a difference are:
– Find out as much as you can about all aspects of the cannabis sector, including legislation, politics and health. This would help you determine where you really stand. Note that there is a lot of conflicting information so it can be difficult to understand what is correct and what is not.
– Make sure you compare all information with reliable sources to ensure you can tell fact from fiction. It’s important to understand the rationale behind the source’s position, as many “trustworthy” individuals can still hold outdated opinions about cannabis, especially if it improves their bank accounts.
– Consider getting involved in a cannabis community to discuss what you have learned. Also share what you have learned with your colleagues, family and friends. Even if a stranger is eager to learn, put them through.
The best way to ensure the jury knows about the right to annul or vacate cannabis-related cases is for everyone to get the word out.
bottom line
Have you ever thought about becoming a judge yourself? If you are legally qualified to do so, then do it. While you may not delegate cannabis cases, this puts you close to those who would. You would have a solid opportunity to see firsthand how the justice system works and be a part of it. If you’re fortunate enough to be involved in a cannabis case, you can tell other jurors about the cancellation, leading to reform in your community and state.
If jury qualifications become a trend in the United States, the federal government may have no choice but to satisfy the desire of the masses by legalizing cannabis nationwide.
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