jury nullification marijuana
Ending Marijuana Prohibition

Jury Nullification Sets Rastafarian Man Free From Marijuana Charge In New Hampshire

jury nullification marijuana
(via powertothejury.org)

Jury nullification is a weapon that most American citizens don’t know they have. During a jury trial, a jury can find the defendant guilty, not guilty, or they can nullify the entire trial if they think the punishment is unfair. This is exactly what happened recently in New Hampshire, where a Rastafarian man was facing marijuana charges. Per the Huffington Post:

A New Hampshire Rastafarian facing felony marijuana cultivation charges was declared not guilty on Friday because a jury believed that punishing him for the offense would be unjust.

59-year-old Doug Darrell was arrested in 2009, after a National Guard helicopter flying over his home found he was growing 15 marijuana plants in his backyard, according to WNTK. At Darrell’s trial, PRWEB reports, jurors nullified the case against him.

Prior to the trial, Judge James O’Neill instructed the jury of their right to jury nullification. After the jury heard arguments from both sides, they did just that. I think it should be mandatory in every marijuana case in every court in America that jurors be informed of their right to jury nullification. If average citizens knew that they didn’t have to convict someone for marijuana, I’d imagine they wouldn’t more times than they would. If you are serving on a jury for a marijuana related case, make sure to exercise your right and nullify the case!

  • Cyndysub

    Alright, Power To The People! Knowledge Is Power.

  • Cleanslate

    If jury nullification for prosecutions of possession and growing cannabis plants gets enough momentum it will act as a deterrent to prosecutors from bringing charges. Then arresting officers will also see the futility of arresting someone for the “crime” of possessing and growing a plant.

  • Valient

    Wow, the judge actually informed them of it. I’ve read previously that people can be thrown off of cases for informing other jurors of the option or outright stating that they want to nullify.

  • mike1188

    Wow so beautiful. Are jurors supposed to be told about all choices? It seams that this should be an option in any trial. Second can than dick head DA file for retrial?

    • mike

      The Jury should be told of all their options during the jury instructions. Though it is often stated very briefly followed by “you the jury should only take into account the facts of the case and not decide what the law should be.” One of the questions often asked during jury selection is whether or not you could enforce a law even if you disagree with it. A the positive side if more people decide to aquit based on jury nullification, it could become a president. From http://en.wikipedia.org/wiki/Jury_nullification ” A jury verdict that is contrary to the letter of the law pertains only to the particular case before it. If a pattern of acquittals develops, however, in response to repeated attempts to prosecute a statutory offence, this can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment.”

      The DEA, more accurately the DA for the jurisdiction, can not ask for a retrial as jury nullification, is an aquitile, and a retrial would be double jeopardy.

  • contrariant

    This began happening during alcohol prohibition and eventually prosecutors just quit charging people. Cops still stole the booze like they steal drugs today but no one was going to jail. Asset Forfeiture still remains a problem. That’s where they steal your money, your car, your home with no evidence that you profited from drug dealing.

  • ilv2grwwd430

    hello my name is brian and i would like to know if someone will give me some good seeds to grow for .my pain i have had a total of 13 surgeries,two on my neck with a 2″ steal plate in my neck , 8 surgeries on my right leg to save and two on my other knee so i do not have to take the pain pills. Please help me with the seeds or o]if you are willing to give me a nug just this once.
    Thank you Brian Burninbri

    • jason

      due you can buy them any where under the law that say that you have the wright to genetic preservation seed

    • Johnny oneye

      Post your address someone will anonymously help you
      Your in the right spot pain pills will ruin you health

  • Johnny oneye

    Why should anyone go to jail for a plant.
    The problem is with federal cases. Judges wont let medical ,religious defensr
    Most take plea deals
    These people have created a billion dolla industry’s base on a “war on drugs”
    See Florida’s opposition
    Flaw enforcement has been able to create fodder and protect status quo
    Going to federal courts and supporting the persecuted
    See ed forchion
    T shirts thats can be seen as jury goes on building

  • Isn’t this a 2012 story, or am I missing something? that’s the date on huffpost. Don’t know why it repopped.

    It’s awesome, anyway…

    • Keith Ritman

      Because Jury Nullification is frowned upon, a man was recently arrested for Jury Tampering for simply handing out a pamphlet informing people of this little known power. The private prisons dont care if the people are smart enough to say ya know what , acording to the law this person is gulity, but because the law is unjust the trial is nullified.