A new policy memo issued Monday by the Justice Department told prosecutors that pot-smoking patients or their sanctioned suppliers should not be targeted for federal prosecution in states that allow medical marijuana. The guidelines do, however, make it clear that federal agents will go after people whose distribution goes beyond what is permitted under state law or use medical marijuana as a cover for other crimes.

[Los Angeles County District Attorney Steve] Cooley contends a vast majority of several hundred outlets his office investigated aren’t following state law. Initially, the law allowed authorized marijuana users to grow their own plants, but lawmakers revised the law in 2003 to allow collectives to provide pot grown by members.

Cooley said he would target stores who are profiting and selling to people who don’t qualify for medicinal marijuana.

Cooley said his office has been assessing the rush of marijuana dispensaries for the past two years and has provided training for his staff over the past several months in anticipation of filing cases.

Some legal observers believe the first case Cooley files since his announcement will show how egregious the illegal behavior has become among medical marijuana outlets.

“He’s going to find a dispensary that is way over the line,” said Rory Little, a professor at the University of California Hastings College of Law.

Among the candidates are Jeffrey Joseph, who runs Organica and was arrested in August but has yet to be charged. Authorities recovered 452 marijuana plants, more than 100 pounds of hashish and more than $100,000 in cash from his home and dispensaries in Marina del Rey and Culver City.

How will the people of Los Angeles react to this?  Will they see six-figures of cash and hundreds of pounds of hash and consider that to be their intent in passing Prop 215?  Will this trigger a backlash against medical marijuana that could ripple across the entire country?  Or have the people become accustomed to the dispensaries and react harshly to Cooley’s actions?

However this plays out, one thing the medical marijuana supporters in Los Angeles County should be doing is brushing up on the concept of jury nullification.  Juries are the final arbiters of the law in our system, though few people know it.  A juror – you – can refuse to convict a person of any crime if you believe that conviction to be unjust, even if there is videotape of the person committing the crime and CSI has sixteen different pieces of forensic evidence proving a person’s culpability.  Judges will tell you you must judge the facts of the case and whether the defendant is guilty beyond a shadow of a doubt, but they do not tell you that you can judge the merits of the law itself.

In other words, a law can pass with 100% of the statehouse voting for it and the governor signing it, and a person can be caught red-handed violating that law, but you, as a juror, can set that person free if you believe convicting him would be unjust.  Your one vote for “not guilty” can hang the entire jury even as the other eleven vote “guilty”, and the courts, the police, even the president himself cannot do anything about it or punish you in any way for your verdict.

Educate yourself, Angelenos!  Visit the Fully Informed Jury Association today!

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• Los Angeles County DA vows to take down “about 100%” of dispensaries “dealing marijuana illegally” (16)
• Los Angeles committees reject ban on dispensaries (2)
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“First thing… kill all Lawyers.”
William Shakespeare (paraphrased) from Henry VI

There! Did I get your attention?

No, I am not advocating violence and murder. That would be counter productive, as well as is making threats of violence, but, it seems that the courts and law enforcement in our country have been getting out of hand. In some cases the police have made arrests using violent techniques, in some cases ignoring citizen initiative laws, killing beloved pets and sometimes people, destroying homes, property and lives, all for a little flower that grows everywhere… which incidentally is good for medicine, is not physically addicting, and you couldn’t overdose on it if you smoked your weight of it in 5 minutes, grows naturally almost everywhere on earth, hasn’t killed anybody since… FOREVER and, woe upon woe, has the side effect of making you feel good.

In part 1 of this series I offered a few suggestions on getting started as an activist. In part 2 I dealt with finding your own activist social support group. In this third part I will offer some suggestions on how to be an activist in our court system.

7. The Activist Trial Juror

I get summoned for jury duty about every 2-3 years. I couldn’t even avoiding it by moving from Mississippi to Minnesota. I still get those summons. As a juror I could not choose the type of trial I would be sitting, but I always wanted to be a juror in a marijuana possession or distribution case, and I’ll tell you why.

According to the Fully Informed Jury Association, the purpose of a jury is not to punish an individual for infractions of the law, but to protect an accused fellow citizen from government tyrannical abuse of power. Your vote, as a citizen juror, in a trial is a measure of public opinion on the law itself and many lawmakers are likely to take the matter of repealing marijuana prohibition laws more seriously if jurors would hand over more acquittals.

As a juror you have the absolute right to vote “Not Guilty” if you believe an existing law is unconstitutional, out of date, or just plain bad. This is called “jury nullification”. Something like this recently happened in a Colorado medical marijuana case in which the jury handed over an acquittal.

As a juror, if you believe that a law is being applied just to make the accused “an example of what could happen”, it is within your right as a citizen juror to vote not guilty.

So, as for me. I believe the existing laws prohibiting the use of marijuana for responsible adults are… just plain bad. If I ever have the opportunity to be the juror on a marijuana charge, you can bet your last dollar that I will vote… Not Guilty!

You, as a juror, cannot be punished for a not guilty vote. The judge’s instructions to jurors are simply advice based upon this own interpretation of the law and you can’t be punished for not following it. Don’t let pressure from the judge, prosecutor, other jurors or other minor officers of the court sway you from voting your conscience.

8. The Activist Accused

It is unfortunate that any of us should ever go through this. Who in the hell would want to be one of these! Not I, you, nor anyone else that I know of, but sometimes stuff happens.

The first thing I would have to ask is this… did you inadvertently waive your rights as Russ, in so many “Stupid Stoner Stories” has pointed out? Well, if you did, shame on you, but perhaps all is not lost. I will tell you this… keep your mouth shut and hire, if you can afford one, and you should, a good trial lawyer.

Be proactive in your defense. Ask to sign the relevant paperwork, if applicable in your area, for a trial by jury immediately after being charged.

Do not accept an offer for a plea bargain no matter how forceful the prosecuting attorney may be. When they say that it will be easier if you take the plea bargain, what they really mean is that it will be easier for them to convict you of a crime.

There is something called the “Informed Jury Defense”, in which activists will make a deliberate attempt to educate jurors about their right to vote their conscience on the law itself as I mentioned above.

This first step to get this Informed Jury Defense is done by educating the public on the extent to which jurors have power . The second step is to educate the jurors who will hear your case.

The first step can be done with the power of the media such as talk shows, letters to the editor, leaflets or advertising, to name a few. Do as much of this as you can afford.

The second step requires enlisting the help of friends and supporters… This is where your local NORML chapter or other activists comes in. On the day of jury selection they, your friends, stand outside the courtroom and hand out a leaflet (which you or your friends print up) explaining the powers of the jury and all the things mentioned above, so that they, the jury, can be fully informed. Give this leaflet to all the potential jurors as they enter the room. This may mean some early mornings for some of your friends. Perhaps your trial will come to an end with a hung jury, and the court decides not to prosecute further. It only takes one juror to do that. Then there is “the acquittal“.

9. The Activist Grand Jurist

First of all, find out how you can become a member of a grand jury. Some locations have a sign-up sheet to volunteer for grand jury duty, and if so, sign-up if you can and are willing to do so.

The grand jury is an independent body, who not only investigates a crime and starts the prosecution (persecution in some cases) process, but also stands to protect it’s fellow citizens from unfounded criminal charges. They stand between the accused and the prosecution as protector. The grand jury protects the citizen from unjust, unreasonable or unfair government laws.

As a grand jurist, you have the right to question anyone involved in the case. As you question the arresting officer, start with the “probable cause”. In my humble opinion, “he had glassy eyes”, “he was acting strangely” or “their electric bill was too high” to name a few, are not probable cause for arrest or a warrant to search, no matter what a judge signing a warrant may say. If this is the reason for the arrest, then, as a marijuana law reform activist, I would be compelled to go with… no indictment.

Once again, in my opinion, laws prohibiting the use of marijuana fall into the category of “unjust, unreasonable or unfair”.

In closing, I would just like to say this… should you decide to follow through and become an activist… whatever you do for the cause of marijuana law reform, follow the advice of the Roman Goddess Nike… “Just Do It”.

Related posts

• HBO’s “The Wire” writers protest Drug War in TIME Magazine (0)
• Traffic Stop Nets 110 Pounds Of Marijuana (2)
• New Obama memo not stopping LA DA Cooley’s plan to bust “around 100%” of dispensaries (3)

(TIME Magazine) We write a television show. Measured against more thoughtful and meaningful occupations, this is not the best seat from which to argue public policy or social justice. Still, those viewers who followed The Wire — our HBO drama that tried to portray all sides of inner-city collapse, including the drug war, with as much detail and as little judgment as we could muster — tell us they’ve invested in the fates of our characters. They worry or grieve for Bubbles, Bodie or Wallace, certain that these characters are fictional yet knowing they are rooted in the reality of the other America, the one rarely acknowledged by anything so overt as a TV drama.

[T]his [drug] war grinds on, flooding our prisons, devouring resources, turning city neighborhoods into free-fire zones. To what end? State and federal prisons are packed with victims of the drug conflict. A new report by the Pew Center shows that 1 of every 100 adults in the U.S. — and 1 in 15 black men over 18 — is currently incarcerated. That’s the world’s highest rate of imprisonment.

“A long habit of not thinking a thing wrong, gives it a superficial appearance of being right,” wrote Thomas Paine when he called for civil disobedience against monarchy — the flawed national policy of his day. In a similar spirit, we offer a small idea that is, perhaps, no small idea. It will not solve the drug problem, nor will it heal all civic wounds. It does not yet address questions of how the resources spent warring with our poor over drug use might be better spent on treatment or education or job training, or anything else that might begin to restore those places in America where the only economic engine remaining is the illegal drug economy. It doesn’t resolve the myriad complexities that a retreat from war to sanity will require. All it does is open a range of intricate, paradoxical issues. But this is what we can do — and what we will do.

If asked to serve on a jury deliberating a violation of state or federal drug laws, we will vote to acquit, regardless of the evidence presented. Save for a prosecution in which acts of violence or intended violence are alleged, we will — to borrow Justice Harry Blackmun’s manifesto against the death penalty — no longer tinker with the machinery of the drug war. No longer can we collaborate with a government that uses nonviolent drug offenses to fill prisons with its poorest, most damaged and most desperate citizens.

The writers of The Wire are referring to jury nullification, an American right of juries to decide the fairness of a law and not just the application of that law. A jury can choose not to enforce a law even if they believe a defendant is guilty. This check on legislative power dates back to colonial times even before our Independence Day; however, modern courts have refused to allow defense attorneys and judges to even mention to jurors that they have this power. For more information on jury nullification, visit the Fully Informed Jury Association at www.fija.org.

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• So, you want to be a Marijuana Law Reform Activist (Part 3) (4)
• Watch: HBO Documentary – “Ganja Queen” (6)
• New Obama memo not stopping LA DA Cooley’s plan to bust “around 100%” of dispensaries (3)