Boycott: Harbor Side Medical Cannabis Club 1840 Embarcadero St.
Oakland, CA 94606
As of current date Harbor Side does not want more than Oakland's current 4 Medical Cannabis Clubs... Help Oaksterdam News cut the tape by voting YES!!!
MPP Calls for National Boycott of Wal-Mart
WASHINGTON, D.C. — Today, the nation’s largest marijuana policy reform organization called upon shoppers across the country to boycott Wal-Mart Stores, Inc., in order to protest the unjust...
|
Federal Court: Juries free to acquit |
|
|
|
|
Written by Martin Williams
|
|
Saturday, 10 June 2006 |
Appellate ruling affirms Feds can disregard medical rights, juries cannot be punished for their verdicts
When cannabis activist and “guru of ganja” Ed Rosenthal was convicted on cannabis cultivation charges in 2003, federal judge Charles Breyer gave him only a day behind bars — time served — due to extenuating circumstances.
Many considered it a victory; but not Rosenthal. He appealed his conviction, and in an extraordinary turn of events, members of his jury came forth to disavow their own verdict after they learned that the cannabis was medicine and the grow-book author was working as an appointed deputy of the Oakland city government.
OPEN FOR BUSINESS - Latest dispensary reviews. Oaksterdam News Photos by Jaime Galindo 
All medical evidence and discussion had been suppressed during the
trial held in California, where state voters have legalized medical
marijuana. However, that omission was not the reason the Ninth Circuit
federal appeals court overturned the conviction April 26. Instead, the
court held that “Juror A” had improperly sought out a legal opinion
from an attorney, who told her she would be “in trouble” if she voted
her conscience when she figured out the medical nature of the case.
“Jurors cannot fairly determine the outcome of a case
if they believe they will face ‘trouble’ for a conclusion they reach as
jurors,” said the majority opinion. “The threat of punishment works a
coercive influence on the jury’s independence, and a juror who
genuinely fears retribution might change his or her determination of
the issue for fear of being punished.”
 Hash selection on hand Unfortunately, while the three-judge panel reversed his conviction because of juror misconduct, it concurred with the lower court on all other matters, including its not allowing “a ‘medical marijuana’ defense, introducing evidence or argument aimed at jury nullification,” and that his being appointed a deputy did not shield Rosenthal from prosecution.
Last summer, the US Supreme Court, in its Gonzalez v. Raich decision, again rejected allowing defendants to raise medical marijuana or state law as a defense against federal drug charges.
Legal activists argue that, by denying jurors access to “the whole truth” about cannabis offenses, federal courts give every juror the “reasonable doubt” needed to acquit cannabis defendants. They point out that alcohol Prohibition also led to a refusal of jurors to convict.
Federal prosecutors have several options, such as asking the court to reconsider, appealing to the Supreme Court or going ahead with a new trial. |
Martin Williams |
| About the author: |
| | |
|
Last Updated ( Sunday, 24 September 2006 )
|