I read that our Drug Czar, Gil Kerlikowske, claimed in a recent interview that the Obama administration is going to go after growers and suppliers in Colorado and Washington. Apparently they think that the voters in these states were duped, or just joking, or Bqhatevwr.
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Q: In the November elections, two states—Washington and Colorado—voted to legalize marijuana for recreational use. President Obama has said that the U.S. government has “bigger fish to fry” than to go after recreational users in states where it is legal. Where do things stand with regard to producers and distributors of marijuana, which is still illegal under federal law?
A: You’ll continue to see enforcement against distributors and large-scale growers as the Justice Department has outlined. They will use their limited resources on those groups and not on going after individual users.
But this doesn't have to mean that they will prevail in reversing legalization. It is all in the hands of we the people. The key to victory was demonstrated by a drug war hero last October in New Jersey. In his trial on charges of possession with intent to distribute, Edward Forchion, also known as NJWeedman, suggested the concept of jury nullification. The judge went apeshit, cleared the jury from the room, and threatened Forchion with contempt of court if he mentioned another word about it. But the seed had been planted - especially since he had also been distributing flyers on the topic around the courthouse. And despite the fact that he had been pulled over with a pound of pot in his trunk, he was found not guilty on the intent to distribute charge. It wasn't just a few rogue jurors who neglected the facts and the law. All 12 members of his jury voted for acquittal after just an hour and a half. Hot Damn!
Edward has since begun organizing and fundraising for his Jury Nullification Tour this spring.
“My life was saved by Jury Nullification and I want to give back to society by helping other marijuana defendants across the country. Enlightening the local public to a Constitutional tool for “WE THE PEOPLE” to win this war on drugs with legalization!”
He wants to take his “WEEDMOBIL” on the road, visiting towns and cities across the country lending support and Jury Nullification enlightenment to targeted Juries and communities nationally. Getting airtime on local radio and TV. Hitting pro marijuana festivals such as the Michigan/Ann Arbor Hash-Bash, Seattle Hemp Fest, National 420 Rally in Washington DC and Boston Freedom Rally. All the while video recording everything around and in the weedmobil, the center of his travels. – Vimeo link
Most importantly NJweedman wants to roll into towns a few weeks before a marijuana defendants trial begins with the goal of using himself and the weedmobil to generate news stories in local newspapers talking about Jury Nullification – reaching this individuals potential jurors. NJweedman wants to distribute massive amounts of fija fliers ( www.fija.org ), and pass out leaflets explaining Jury Nullification all round the courthouse preceding trial. he did this in his own trial - youtube link
Essentially, jury nullification is the process by which juries choose to ignore the law and find people not guilty regardless of the facts in the case. This is perfectly legal. It is the ultimate check and balance against laws deemed by society to be inappropriate. I believe that we have now reached that tipping point in many parts of the country where the laws against marijuana are widely considered inappropriate. The politicians refuse to act, so it is time we take matters into our own hands on this. And the beauty of it all is that it only takes one staunch "nullificator" to prevent a guilty verdict. They may not have a lot of outright acquittals, but if it becomes impossible for the government to get a conviction in a pot case then that is a sort of de facto legalization. They will still have the power to make people's lives miserable for a while, take their possessions, take their money, but they will lose the ability to imprison people over marijuana. And given their stated "limited resources" can they really afford to keep bringing cases to trial that they know they are going to lose?
As I commented in a diary recently, I think the next thing that should be done by the backers of the WA and CO legalization measures is to mount an ad campaign regarding jury nullification wrt the pot laws. Get the word out there. Stir things up. Make it clear to the government that they can't dictate terms in this battle. I would propose ads that say something along the lines of:
"This past November the citizens of Washington [Colorado] voted to legalize the use of marijuana by adults. But now we are hearing that the federal government plans to nullify those results by going after those who our state has authorized to grow and distribute legal marijuana. That might be a boon to the black market growers and suppliers, but not to the majority of the citizens of our state. It is time to send Washington DC a message and nullify THEIR laws. The process is simple, it's called jury nullification. If you find yourself on a jury in a marijuana case, simply refuse to vote guilty - regardless of the facts or the law. If you are arrested on marijuana charges, refuse to plea bargain and demand a jury trial. The good people of Washington [Colorado] VOTED to make marijuana legal, now we need to continue voting to keep it legal. Vote "Not Guilty". Jury nullification is perfectly legal and is our most effective means of standing up for our rights."
Jury Nullification - It is Legal. It is Moral. It is Time.