Shades of Prohibition all over again? No jury nullification? The Feds better get with the program or they won't know what is going to hit them if this trial turns into a flashpoint.
A federal judge won't allow a family of a medical marijuana patients from Washington state to defend themselves against drug trafficking charges by arguing their pot plants were for medical purposes.
U.S. District Judge Fred Van Sickle of the Eastern District of Washington on Tuesday rejected the planned medical marijuana defense of Larry Harvey, 70, his wife Rhonda Firestack-Harvey, 55, and three others facing trial next week, saying they could not argue that growing marijuana was for medical purposes and legal under Washington state law.
"The intent of the defendants is not relevant to the issues," Van Sickle said. "There's this concept of reliance on state law and the like. That's not relevant either."
...
Last week, during pretrial hearings, the five defendants rejected plea deals offered by the prosecution that would have reduced their maximum prison sentences to three years. Without the deals, they each face maximum penalties that range up to 40 years to life in federal prison.
http://www.huffingtonpost.com/2014/05/0 ... 75806.html
Federal Judge Says No To Washington Family's Medical Marijuana Defense
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MachineGhost
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Federal Judge Says No To Washington Family's Medical Marijuana Defense
Last edited by MachineGhost on Fri Jun 13, 2014 6:31 pm, edited 1 time in total.
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Disclaimer: I am not a broker, dealer, investment advisor, physician, theologian or prophet. I should not be considered as legally permitted to render such advice!
Re: Federal Judge Says No To Washington Family's Medical Marijuana Defense
I don't know what the answer is, but the tremendous incentives to plea bargain are destroying justice. When the government says "plead guilty and take your punishment, or else we'll drum up some REALLY nasty charges and you can take your chances", then the entire concept of trial-by-jury has been subverted.
Jury nullification is certainly part of the solution. Every juror should know that it is their right, and duty, to acquit if they think the law is wrong.
Jury nullification is certainly part of the solution. Every juror should know that it is their right, and duty, to acquit if they think the law is wrong.