Mar 262016
 March 26, 2016

supreme court marijuanaBy Serra Frank – 420 Mommy Blog

I had court this month related to my act of civil disobedience at the Idaho State Capitol on New Year’s Day. 

This is the second court date I’ve had since this all began 3 months ago…

I appeared in court last month for a pro-se arraignment, where I applied for a public defender, and set trial dates. They kind of grouped both cases together because I initially appeared on both at the same time.

But up until now, not too much was going on…

This month’s hearing was a pretrial conference where we asked for a continuance of trial dates, but we also received partial discovery for one case, and a plea bargain from the prosecutor. I didn’t expect that since we didn’t have full discovery yet, but it was kinda cute…

The plea bargain offer was for me to plead guilty to the possession of marijuana charge and the obstruction charge in the first case, in exchange for the dismissal of the paraphernalia charge in that case, and then dismissal of both the possession of marijuana and possession of paraphernalia from the Idaho Moms’ New Year’s Smoke Out at the Capitol.

Despite the absurdity of accepting a plea bargain prior to receiving discovery of evidence, no matter the case, my State appointed public defender was required to explain the offer to me and make it available if I wished to accept it. I was happy he did his job. That shows potential…

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I’m sure the plea bargain offer would be a decent way to quickly jump into the system and get things over with as soon as possible…  I would have only ended up with unsupervised probation (meaning no drug tests). I would have only had 8 hours of drug classes, where I could educate the program directors when they attempt to lie to me about marijuana, and at most 100 hours of community service, where I could spread even more knowledge about Idaho’s harmful Marijuana policy.

But then what would have been the point of everything? What would have been the point of spending all my energy and time on the very 1st day of the year, a holiday, which also just so happens to be the day after my birthday, to stand up and protest these extremely outdated laws?

With how precious my energy and time are because of my disability, and my lack of real access to sufficient supply of the only medicine that works for my daily chronic pain, the plea bargain is gonna have to be something AMAZING for me to plead guilty to any of these charges. I’ve already invested so much into this experience to turn back without it being something absolutely too good to refuse.

I think it would be an interesting adventure to see how these cases play out with a jury trial here in Idaho. It would definitely provide more insight into whether citizen viewpoints on Marijuana clash with those of the politicians and law makers like the polls keep saying they do.

But would that really happen?

Is the State of Idaho really willing to actually go to court on this?

I sure hope so. It’s about time for some real conversation about Medical Marijuana in Idaho.

The politicians won’t discuss it. The state officials won’t discuss it… even when they accept an invitation from a group of college kids to participate in a peaceful town hall event on a University Campus.

I was sorely disappointed in Elisha Figuroa, Lt. Doty and the Idaho State Police, and an Idaho representative, when they all backed out the day of SSDP’s Town Hall event on January 26th.

It is extremely illogical and unethical to maintain Idaho’s current stance on Marijuana if they aren’t even willing to back their policies with evidence and debate or even face public discussion and opinion from the citizens they supposedly represent.

So yes, I hope that my cases will continue on to Jury Trial. I hope that I get my day in court and have the opportunity to discuss my reasons for civil disobedience of these unjust laws in front of a jury of my peers.

Maybe have a few non-violent protests in front of the court house. Get some more media attention on this issue.

My next court date is a pre-trial conference scheduled for April 6th, where I will likely be offered another plea bargain, and move forward to trial.

Whatever happens, It excites me to look back over the last year and see the progress that Idaho has finally began to make. The people are definitely ready. Even if the politicians are not.

This Island of Prohibition, one of the last 9 non-marijuana states in the nation, isn’t going to be stuck in the dark ages for much longer. After working to change laws, especially in this state, for over a decade, I can see how much and how quickly things are changing. Not just locally, but federally as well.

In the meantime, we will continue the fight forward for medical legalization through new adventures and opportunities. It’s time to spotlight Idaho’s need for change. It’s time to make Idaho’s obstinate refusal to help it’s citizens known throughout the world.

And with that spotlight, will come new petitions, new events, and new ideas that will help bring us new laws that truly reflect the compassion that Idahoans share for their families, friends, and neighbors.

It’s only a matter of time.

More to come!

Source: 420 Mommy Blog

About Johnny Green

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  • saynotohypocrisy

    Just awesome. What a leader. And a great writer too.

    I particular like the way their unwillingness to even discuss the subject was exposed.
    This is the most outrageous thing of all to me. They have the unmitigated gall to enforce a law that they won’t defend in full, open and honest debate. What do they think this is, the Soviet Union? What do they think we are, their gulag slaves?

    • Pam Martini

      yes

  • David Yoseph Schreiber

    There are serious misconceptions about the criminal justice system. The job of the public defender is to pressure the defendant to plead guilty and even bully him into it. The judge considers himself the supervisor of the prosecutor. The goal of the judge and the public defender is to freeze the defendant out of the proceedings and railroad a guilty verdict through.

    One way to throw a monkey wrench into their stupid ugly charade is for the defendant to maintain his right to plead his own case in court. You can still make use of the public defender, but should basically view him as the postman for the judge and prosecutor.

    • saynotohypocrisy

      I’m not as cynical as you on the role of the judge. It all depends on the individual judge. Some take their oath of office seriously.

      But I must say, “One way to throw a monkey wrench into their stupid ugly charade…” has a nice ring to it.

      • Pam Martini

        yes, sadly it all mostly depends on what that judge had for breakfast

    • Pam Martini

      super good answer

  • Neil Samra

    Good for you and keep fighting the fight for our rights as individuals in this country!!!!!! FREEDOM FIGHTERS FOR LIFE!!!

  • Silverado

    Idablo…that’s not a joke either as in the south part of the state that high desert wind does blow seemingly all the time. I lived near Mt Home for almost two years in the early 1970’s compliments of Uncle Sam’s USAF. We all toked (pre mj piss test days) and had dirt bikes setup to run the desert, did a lot of camping (& toking), repelling down around Grasmere Idablo (https://en.wikipedia.org/wiki/Grasmere,_Idaho actually near there down in the Snake River canyon a few miles away) which was so far out there in the middle of nowhere there wasn’t even any telephone poles, though right up the road you’d a thought they were perhaps Idablo’s state tree. There was at that time a combo gas station, Post Office, store and cafe and it was powered by generator. Last I heard that whole…spot which was really a wide spot in the road, was for sale though the business was closed by then. Anyway, we had a great time in Idablo, smoked a lot of weed and never got caught either. Did a lot of things and went to a lot of different places. Silver City the ghost town, that was a cool weekend. Fishing. Sun Valley & Bogus Basin (near Boise) snow skiing…you get the picture. I liked Idablo. And the weed at the time wasn’t bad either.
    These days their problem isn’t that the neighboring states of Washington and Oregon have legalized in addition to having legit MMJ programs. “Montana does but doesn’t but is working on fixing…that” – that’s according to my sis-in-law who lives there. The problem isn’t with the legal neighbors as much as it’s illegal in Idablo. I’m sure TPTB don’t want to hear that or “pollute” their version of red-neck heaven but as soon as Idablo legalizes cannabis likes it’s neighbors then VIOLA!!! No more cannabis problems and they can quit preying on out of state license plates from neighboring Oregon, Washington and even Montana and shaking their drivers down. Until that gets done, Idablo is a great place…to be from. So IF you travel through Idablo and…imbibe, make sure to keep it at the speed limit and for obvious reasons. Drive carefully in Idablo. Your pocketbook and freedom may depend on it…

  • https://twitter.com/crlibertytn CR Liberty

    Thank you for you disobedience! As cases like yours clog our Courts the Country is realizing the insane waste.

    Marijuana Prohibition is garbage at every level and branch of Government.

  • Pam Martini

    truly an outstanding advocate for the cause….I hope you think about relocating to CA..( with the not guilty verdict).
    Sacramento in general could use good people like YOU in our community ( it is so disappointing- our community is PLAGUED WITH EGO AND motivated by greed instead of helping patients RECOVER. (We NEVER see the advocacy you just spoke of here). You would be the EXAMPLE FOR US…and you deserve a peaceful rest my friend….after the trial…..all love and god’s speed…..fight the good and worthy fight….and think about coming here….we could use a good one like you in this fight…right here, right now….

  • David Yoseph Schreiber

    When it says “Court Costs”, how much money are they talking about? It looks like a trick to hit you with a larger fine but not call it a fine.

    • noloveinfear

      I live in Boise like Serra and the last time I went to court I think it was $112.50