C'mon Feds! Get your head out of our ass! Time to wake up and let the states decide this issue!
Written byGreg Moran
SAN DIEGO — A San Diego judge has dismissed all charges against the president of a medical marijuana dispensary following a weeklong trial that ended with a hung jury.
After declaring a mistrial, Superior Court Judge Laura Parsky took the unusual step last Thursday of dismissing the case against Dexter Padilla.
Padilla was charged with possession and cultivation of marijuana in January 2011 in his role as president of Therapeutic Healing Corp., which was on Holiday Court in La Jolla. The drug was grown at a San Marcos warehouse.
The jury said it was hung 7-5 in favor of guilt.
Parsky said she dismissed the charges in the interest of justice because the defense had presented enough evidence that Padilla was complying with the state’s medical marijuana law.
He argued he was immune from the charges under the state’s medical marijuana law, which allows growing and using the drug by qualified patients and caregivers for medical purposes.
Before launching his licensed nonprofit cooperative, Padilla took steps to assure it complied with the state law, said his lawyer, Michael McCabe.
McCabe said that prosecutors argued Therapeutic Healing Corp., with some 3,000 members, was too large to fit the legal definition of a nonprofit. The prosecution also contended the state guidelines for medical marijuana cooperatives require that anyone claiming to be a member has to participate in some way in the growing, cultivating and distribution of the marijuana.
McCabe argued that a February appeals court decision in Los Angeles said that kind of participation by patients is not required under the law. The state Supreme Court affirmed that decision May 23, when Padilla’s case was going on, by declining to review the decision.
A spokeswoman for District Attorney Bonnie Dumanis said Tuesday the office has “no intention” of appealing Parsky’s decision.
Padilla’s dispensary no longer operates, McCabe said. Almost all medical marijuana outlets in the county have closed following a federal crackdown on them. Marijuana is not legal under federal law for any purpose.
COMMENT,
Corporate greed and individual bigotry have accelerated us towards a situation where all the usual peaceful and democratic methods, which can usually be employed to reverse such acute damage, no longer function as our founders intended. Such a political impasse coupled with our great economic tribulation is precisely that which throughout history has often ignited extreme social upheaval and violent revolution.
“To function as the founders intended, our republic requires that the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.”.
- Thomas Jefferson, in a letter to William Stephens Smith, November 13, 1787.
Fortunately we are left with one last peaceful avenue for change – Jury Nullification.
Jury Nullification is a constitutional doctrine that allows jurie...s to acquit defendants who are technically guilty but do not deserve punishment. - All non-violent 'drug offenders' who are not selling to children - be they users, dealers or importers - clearly belong in this category.
If you sincerely believe that prohibition is a dangerous and counter-productive policy then you must stop helping to enforce it. When it comes to acquittals, you, the juror, have the very last word!
* It only takes one juror to prevent a guilty verdict.
* You are not lawfully required to disclose your voting intention before taking your seat on a jury.
* You are also not required to give a reason to the other jurors on your position when voting - simply state that you find the accused not guilty.
* Jurors must understand that it is their opinion, their vote. If the Judge and the other jurors disapprove, too bad. There is no punishment for having a dissenting opinion.
We must create what we can no longer afford to wait for - PLEASE VOTE TO ACQUIT!
“To function as the founders intended, our republic requires that the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.”.
- Thomas Jefferson, in a letter to William Stephens Smith, November 13, 1787.
Fortunately we are left with one last peaceful avenue for change – Jury Nullification.
Jury Nullification is a constitutional doctrine that allows jurie...s to acquit defendants who are technically guilty but do not deserve punishment. - All non-violent 'drug offenders' who are not selling to children - be they users, dealers or importers - clearly belong in this category.
If you sincerely believe that prohibition is a dangerous and counter-productive policy then you must stop helping to enforce it. When it comes to acquittals, you, the juror, have the very last word!
* It only takes one juror to prevent a guilty verdict.
* You are not lawfully required to disclose your voting intention before taking your seat on a jury.
* You are also not required to give a reason to the other jurors on your position when voting - simply state that you find the accused not guilty.
* Jurors must understand that it is their opinion, their vote. If the Judge and the other jurors disapprove, too bad. There is no punishment for having a dissenting opinion.
We must create what we can no longer afford to wait for - PLEASE VOTE TO ACQUIT!
