Aug 172012
 August 17, 2012


Another Jury Revolts Against Marijuana Laws, “They felt marijuana should be legalized.”

By Scott Morgan

Jacob Sullum shares this incredible story from a defense attorney in Kansas.

I had a jury trial this morning on level 3 possession with intent MJ, level 4 possession drug paraphernalia and level 10 no drug tax stamp. During voir dire, my almost all white, middle-class, middle-aged jury went into full rebellion against the prosecutor stating that they wouldn’t convict even if the client’s guilt was proven beyond a reasonable doubt — almost all of them! They felt marijuana should be legalized, what he does with it is his own business and that the jails are already full of people for this silly charge. Then, when the potential jurors found out that the State wanted him to pay taxes on illegal drugs, they went nuts. One woman from the back said how stupid this was and why are we even here wasting our time. A “suit” from the front said this was the most ridiculous thing he’d ever heard. The prosecutor ended up dismissing the case. Judge gave me a dismissal with prejudice. I’m still laughing my ass off over this one. I have NEVER seen a full on mutiny by an entire jury pool before. Easiest win ever!

In so many ways, the drug war’s own exploding unpopularity is poised to become its downfall. Events like this aren’t the norm (yet), but the mere threat of insurrection in the courtroom is already an important check against prosecutorial overreach in the war on drugs (in case you were wondering why so many medical marijuana raids never lead to criminal charges).

As the polls continue to turn in favor of reform, the refusal of juries to convict marijuana offenders could quickly become a brutal burden for these drug war boneheads to bear. It’s about damn time.

Article From StoptheDrugWar.orgCreative Commons Licensing

About Jay Smoker

I have been smoking marijuana for almost twenty years and I have no plans to stop anytime soon. My life was turned upside down in 2009 after getting arrested and tossed in jail for being in the wrong state with legal medical marijuana. I got fed up, and I now devote all my time to ending this insanity.I am responsible for the technical side of this project, but try to chip in when I can, either with syndicated articles or original content.Follow me on Facebook and Twitter.Feel free to email. any questions or concerns. Peace!
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  • Glyn Sable

    that is amazing, and inspirational to say the least

  • ChristianOlson

    I saw this story pop up yesterday, but it seems fairly unsubstantiated. It is an anonymous defense attorney. Has anyone confirmed this story?

  • RJ

    I’m actually from Kansas (Kansas City, that is specifically) and I’m proud to see this kind of reaction from people in my state. Up until now, I thought of Kansas as a Puritan, Republican, Closed minded Christian State with that same mentality.
    It’s good to see change where you would least expect it.

    • grownupinterrupted

      I haven’t seen anything in any Kansas paper about this, I have a feeling it’s not completely accurate.

      • eating_sunshine

        I live in Utah, I have yet to see anything remotely hinting at a pro-marijuana story in the press. I suspect the same is true in Kansas.

        • grownupinterrupted

          It may be, but trust me, if it was true, it would have made a paper somewhere, anywhere, but it hasn’t, except on a few blogs.

          • dually420

            Y would the government controlled media want to spread this news?

          • Johnny oneye

            Its called a “gag order ” judges issue these when they deal with cannabis,dont be surprised if the original article disappears , they just take down the llnk!

          • grownupinterrupted

            The Kansas Free Press and the Pitch are free and independent media.

    • grownupinterrupted

      LOL, Kansas (other than Lawrence, and perhaps the KCKS area) is a pretty much a closed minded ‘christian’ state.

  • pkr8ch

    I think this jury should become a model, if we are called to be part of a jury, we the people should do the same as these 12 people, and just refuse to convict him. When prosecutors start seeing this trend spread they’ll go into full panic mode.

  • Martin

    I agreed , i think they will. They have mature mind and
    they do right ,and good thing for Americans people.

  • Johnny oneye

    Now all we ave to do is empty the federal and local prisons of non-violent drug offenders.
    Jury nullification is the beginning of the end to cannabis prohibition.
    go Kansas!

  • gUS

    Its about time and to think that Kansas, that conseritive state is being reported about. What about cali, we need more to do the same. MMJ laws are a waste of all our tax payers money. Listen up L A with more than 100 law suties over the ban of despensires. Down the drain goes tax money and useless law suites are a waste of thime How about making the city safe. And by the way what does a City Manager do? And do we need a City Manager and a Mayor? How much could the city save if the Mayor did his job. FREE DA WEED. ITS A PLANT ……

  • nygratefulfred

    I have been advocating this a long time.If you are on a jury and any Marijuana charge is being considered,VOTE ACQUITTAL!

  • grownupinterrupted

    Can someone, anyone tell me where and when. If it’s true, it’s the best kept secret in Kansas.

    • ChristianOlson

      Yeah, Until someone can show ANY evidence that this actually happened, I call bullshit; however, I’d love for it to be true.

      • grownupinterrupted

        I agree Christian. I checked the Kansas Free Press, as well as The Pitch(KCMO) and I can’t find a thing.

        • Mike

          It’s legit. Published in Leavenworth times and defendant was Antonio Garcia

          • grownupinterrupted

            Thanks Mike.

      • Mike

        Google Antonio Garcia marijuana and look at the Leavenworth times article online

  • szia

    This is about the closest thing I’ve found so far. These two stories are quite a stretch from each other though.

    • smokerDZ

      I think that has to be the right case. They obviously aren’t going to say exactly what let to the dismissal of that case because they (the media) don’t want to spread the message that this entire war on drugs is just ludacris and a major waste of tax payer money.

  • Htos1

    Ha!’Bout time!Hope it’s true,this needs to happen in Florida,A LOT!