NJWeedman on Jury Nullification
I am glad to hear so much about this. As of recently two people that I highly respect, Barry Cooper of Kopbusters, and NJWeedman (Edward Forcion) are talking about – jury nullification -.
Jury nullification occurs in a trial when a jury reaches a verdict contrary to the weight of the evidence and contrary to the letter of the law (an official rule, and especially a legislative enactment). A jury exercising its power of nullification need not disagree with the judge’s instructions themselves—which concern what the law is—but may rule contrary to the instruction in light of the actual evidence admitted in the case.
A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of identical verdicts develops in response to repeated attempts to prosecute a statutory offense, it can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment.
Sure it wouldn’t be as economical, but they would also be saving the overhead of the commercial space and utilities, etc..
Our MMJ laws are strong, and though the police get tricky and the prosecutors use their experience to sway the jury the wrong way from time to time, over all Washington has some great protection (comparatively) for patients.
From the purpose and intent of 69.51a (RCW)
The people of Washington state find that some patients with terminal or debilitating illnesses, under their health care professional’s care, may benefit from the medical use of marijuana. Some of the illnesses for which marijuana appears to be beneficial include chemotherapy-related nausea and vomiting in cancer patients; AIDS wasting syndrome; severe muscle spasms associated with multiple sclerosis and other spasticity disorders; epilepsy; acute or chronic glaucoma; and some forms of intractable pain.
The people find that humanitarian compassion necessitates that the decision to authorize the medical use of marijuana by patients with terminal or debilitating illnesses is a personal, individual decision, based upon their health care professional’s professional medical judgment and discretion.
Therefore, the people of the state of Washington intend that:
Qualifying patients with terminal or debilitating illnesses who, in the judgment of their health care professionals, may benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana;
Persons who act as designated providers to such patients shall also not be found guilty of a crime under state law for assisting with the medical use of marijuana; and
Health care professionals also be excepted from liability and prosecution for the authorization of marijuana use to qualifying patients for whom, in the health care professional’s professional judgment, medical marijuana may prove beneficial.
This is something that most lawyers can work with rather well, even in cases of 133 plants in a very conservative county in WA.
What we need now is to see hemp spread from sea to sea. Rebuild our infrastructure with hemp (fuel, food, medicine, etc), and let all of the pot convicts out of prison.
Everyone can get social pot, or medical pot or whatever, now we need to employ hemp in our society to balance the environmental toxicity, and to balance the scale of wealth in this country. Give it back to we the people.