Tag Archives: possession

What is “Usable Marijuana”?


Man pleads guilty to having too much medical marijuana

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By Cole Waterman | cwaterma@mlive.com
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on March 14, 2017 at 8:34 AM, updated March 14, 2017 at 8:35 AM

BAY CITY, MI — Nearly two years after police raided their Bangor Township house in search of excessive medical marijuana, a couple’s cases have been resolved with plea deals.

David A. Dabrowski, 65, on Tuesday, March 7, appeared in Bay County Circuit Court and pleaded guilty to one count of delivering or manufacturing marijuana. The charge is a four-year felony.

In exchange, the prosecution agreed to recommend Dabrowski receive a delayed sentence, during which he’d effectively be on probation. If he receives the delay and is successful on it, he’ll be allowed to withdraw his plea and swap it with a guilty plea to misdemeanor possession of marijuana.

The same day Dabrowski entered his plea, prosecutions motioned to dismiss the same felony charge faced by his wife, Sandra K. Dabrowski, 64.

The Dabrowskis, who were arraigned on Sept. 9, 2015, faced trial the day the plea deal was accepted. Their cases date back to April 2015.

What is ‘usable’ pot under medical marijuana law focus in Bay County couple’s prosecution

Whether a Bangor Township couple broke the law by having too much “usable” pot in their medical marijuana growing operation is the point of contention in ongoing legal proceedings.

In a December 2015 preliminary examination, Bay County Sheriff’s Detective Barry Gatza, a member of the Bay Area Narcotics Enforcement Team — or BAYANET — testified he was tasked with investigating an anonymous tip that the Dabrowskis were illegally selling marijuana from their home in the 2900 block of Bangor Road.

He testified that in the early morning of April 27, he pulled two trash bags from a garbage can at the end of the Dabrowskis’ driveway.

“There were several items consistent with marijuana grows that we’ve come in contact with,” Gatza said. Among the items were trimmed marijuana leaves. “It was approximately just under 10 pounds, I believe,” he said.

Gatza obtained a search warrant and later on April 27, approximately a dozen police officers executed it on the Dabrowskis’ property. At the time, David Dabrowski was home selling firearms to two men, Gatza testified. Sandra Dabrowski was not present.

“There were firearms throughout the house,” Gatza testified, adding David Dabrowski is a licensed federal firearms dealer.

Police recovered a large amount of marijuana plants and usable pot, most notably in “the entire basement.” Throughout the house, officers found 96 marijuana plants, 37.7 grams of loose marijuana drying in a basket, and another batch on a table weighing approximately 1,400 grams. Police also found one marijuana plant and marijuana branches in a pole barn, Gatza testified.

In a freezer, police found marijuana oil and several pounds of usable marijuana, Gatza said.

Gatza interviewed David Dabrowski in a BAYANET van, he said. Dabrowski told him he and his wife were medical marijuana caregivers with five patients each.

“Between Sandra and himself, they did co-mingle the plants,” Gatza testified. “They didn’t separate them at all. As far as the daily operations needed to maintain the plants, he did most of the farming on the plants, including Sandra’s.”

Sandra Dabrowski’s jobs included trimming the plants, packaging the crop and setting up purchases, Gatza said David Dabrowski told him.

“He stated that obviously he does provide marijuana to his patients,” Gatza testified. “I think the rate he charges them was $130 an ounce, then he told me he also provides marijuana to people outside his patient list. He charges them $200 an ounce. He said he always makes sure they’re medical marijuana patients, just not his patients. He always makes sure they have a (medical marijuana) card.”

Under the state’s Medical Marijuana Act, patients can have 2.5 ounces of usable marijuana and caregivers can grow up to 12 plants producing 2.5 ounces of usable marijuana for each of their five patients and themselves. With both Dabrowskis being caregivers but only Sandra Dabrowski a patient as well, the couple could legally have a total of 132 plants and 27.5 grams of usable, or processed, marijuana.

Circuit Judge Joseph K. Sheeran is to sentence David Dabrowski at 9 a.m. on Monday, April 17.

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Prince of Pot Marc Emery, wife in Toronto court on drug charges


 

Couple who have marijuana shops across Canada charged with drug trafficking, conspiracy, possession

CBC News Posted: Mar 10, 2017 8:07 AM ET Last Updated: Mar 10, 2017 12:52 PM ET

Marc Emery and his wife Jodie Emery were charged on Thursday with drug trafficking, conspiracy and possession after they were arrested at Toronto's Pearson International Airport.

Jodie and Marc Emery, who is known as the Prince of Pot, are in court at Toronto’s Old City Hall today to face drug trafficking, conspiracy and possession charges.

The Vancouver couple were arrested on Wednesday evening at Pearson International Airport while trying to make their way to a marijuana festival in Europe.

Both the Crown and defence have requested time to review possible bail conditions.The court is discussing whether the couple will be granted bail. The justice of the peace presiding over the hearing fell ill and was taken to hospital.

On Thursday, law enforcement officers in three Canadian cities raided various locations of Cannabis Culture, a chain of marijuana shops owned by the Emerys. Jack Lloyd, a lawyer, is representing the Emerys in Toronto.

 

A police news release said the raids were part of Project Gator, “a Toronto Police Service project targeting marijuana dispensaries.”

Three others were also charged, including the owners of the Toronto location of Cannabis Culture.

Marc Emery, 59, has been charged with:

  • Conspiracy to commit an indictable offence.
  • Three counts of trafficking schedule II.
  • Five counts of possession for the purpose schedule II.
  • Five counts of possession proceeds of crime.
  • Fail-to-comply recognizance.

Jodie Emery, 32, has been charged with:

  • Conspiracy to commit an indictable offence.
  • Trafficking schedule II.
  • Possession for the purpose schedule II.
  • Two counts of possession proceeds of crime.

Cannabis Culture raid

A police officer is seen outside the Cannabis Culture location on Church Street in Toronto during a raid on the store. (Emma Kimmerly/CBC)

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Why are more Americans in jail for marijuana use than violent crime?


More people in the United States are now in jail for marijuana possession than for all violent crimes combined, a new study finds….On any given day in the US, at least 137,000 Americans are in prison on drug possession, not sales, charges, says a new report that finds that the “tough on drugs” policies may be disproportionately affecting low-income, black Americans.

By Ellen Powell, Staff October 12, 2016

More people in the United States are now in jail for marijuana possession than for all violent crimes combined, a new study finds….

The report, released Wednesday by the American Civil Liberties Union and Human Rights Watch, points out that violent crime arrests in the US have dropped 36 percent in the past two decades. Meanwhile, arrests for drug possession – including marijuana and other illicit drugs – are up 13 percent. Those arrests tend to be concentrated in neighborhoods with high crime rates, where police officers are on the lookout for any offense. As a result, lower-income, black Americans are most likely to be arrested for possessing even trace amounts of illicit drugs. (Black Americans are 2.5 times as likely to be arrested on drug-related charges, according to federal data, even though they use drugs at the same rate as white Americans.) Those who can’t afford to post bail spend substantial amounts of time in jail, even before their case goes to trial.

Tougher sentencing was intended to get chronic repeat offenders off the street, reduce drug use, and protect public health. But the “tough on drugs” policy prevalent since the 1980s isn’t working, the report argues. Criminalizing drug possession is derailing individuals’ lives and hurting the families who depend on them, while doing little to prevent drug use and abuse.

“While families, friends, and neighbors understandably want government to take action to prevent the potential harm caused by drug use, criminalization is not the answer,” Tess Borden, the study’s author, said in a Human Rights Watch press release. “Locking people up for using drugs causes tremendous harm, while doing nothing to help those who need and want treatment.”

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The report comes at a time when the Obama administration and a bipartisan effort in Congress has already taken steps at judicial reform. For example, the 2010 Fair Sentencing Act erased a 5-year-minimum sentence for simple crack possession. As The Christian Science Monitor reported, “much of the Obama administration’s work has been done courthouse by courthouse. For one, the Department of Justice has guided prosecutors to curb the use of mandatory minimums for drug crimes. But the president has also made broader strokes.” 

Since 2014, the Obama administration expanded the criteria for clemency-seekers, leading to hundreds of who were given long-term sentences for drug charges to be released. 

But the ALCU report says that in some states, such as Texas, a “habitual offender” law means prosecutors still can push for longer sentences, including life sentences, for those with two prior convictions. The actual amount of the drug that individuals possess doesn’t matter.

And what most concerns many low-income Americans is the impact on families. While the accused are in jail, even before trial, they’re not earning a wage, meaning that in some homes the water and lights could be cut off. A woman in Louisiana with a prison record told the rights groups that because of her probation, her family could not get food stamps for a year. That means her children will be eating whatever she can find in the dumpster, she explained. It can also be hard for those arrested to find a job when they get out. 

“When you’re a low-income person of color using drugs, you’re criminalized…. When we’re locked up, we’re not only locked in but also locked out. Locked out of housing…. Locked out of employment and other services,” said one New York City man who had been repeatedly arrested for drug charges over the past 30 years.

Criminalizing drugs, the report says, can actually increase the risks associated with drug use. Driving traffic underground “discourages access to emergency medicine, overdose prevention services, and risk-reducing practices such as syringe exchanges.”

The report calls for an increase in rehabilitation programs and a move to treat drug use as a public health issue, rather than lumping it in with violent crime. That’s an approach the Obama administration is on-board with, Mario Moreno, spokesman for the Office of National Drug Control Policy, suggested. “We cannot arrest our way out of the drug problem,” he told CBS.

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After Fighting for Freedom, 76-yo Vet Sentenced to Die In Prison for Treating His Illness With Pot


 

 

Claire Bernish April 21, 2016

As public frustration helps sound the death knell for the drug war, its arbitrary laws and policies appear even more absurd. In the latest inexcusable enforcement of an antiquated law, 76-year-old disabled veteran Lee Carroll Brooker will live out what should be his golden years behind bars — for simple possession of cannabis.

Brooker had been treating multiple chronic conditions with cannabis he grew in his son’s backyard; but when officials in Alabama officials discovered the three dozen plants, they threw him in prison for life — without the possibility of parole.

Thanks to a pointless mandatory minimum sentencing catchall — and the Supreme Court’s refusal to hear his case this week — Brooker has been left little recourse but to ultimately die in jail for treating his ailments with a plant.

“Alabama, like three other states, mandates a life without parole sentence for simple possession of small amounts of marijuana by people with certain prior felony convictions — and Mr. Brooker had been convicted of a string of robberies twenty years earlier in Florida, crimes for which he served ten years in prison,” The New York Times explained. “In such a case, the law doesn’t require prosecutors to prove any intent to sell the drug.”

Essentially, Brooker has been imprisoned twice for the same crime — because he sought relief from nature instead of arguably dangerous, legal and often lethal pharmaceuticals, courtesy of Big Pharma. Worse, Alabama’s already irrational law sets the cutoff in a case like this at 2.2 pounds (1 kilogram), and Brooker’s plants weighed just 2.8 pounds — but that included unusable parts, like stalks and leaves.

Make no mistake — this is an unjust law, an unjust conviction, and a ridiculous capitulation by the Supreme Court to Alabama’s archaic notion a nonviolent offense should somehow land a vet behind bars for life and separate him from his medicine — as if law were an inflexible monster to be beholden to, no matter its worth.

In fact, as the Times pointed out, “[W]hile the sentence was mandatory, the prosecutor was not required to bring the precise charges that triggered it. Prosecutorial discretion here, as in most cases, is a central factor in determining what punishment defendants face.”

In other words, the prosecutor railroaded Brooker over his personal, medicinal plants — by choice. Brooker, who joined the U.S. Army at age 17 and came under fire in both Lebanon and the Dominican Republic, eventually rose to the rank of sergeant in the 82nd Airborne — where he was decorated for infantry service. 

Vox reported that even “notoriously conservative” Alabama Chief Justice Roy Moore characterized Brooker’s sentence as “excessive and unjustified.” And according to the Times, the judge deciding the vet’s fate would have preferred to hand down a lighter sentence, but once the charges had been brought as they were, he was obligated to enforce the letter of the law.

Yes, this disabled man technically broke the law; but proffering such a rebuttal rings hollow, if not cold, considering the majority of Americans support cannabis legalization. Legality does not dictate morality.

A growing segment of officials and public figures do, as well, as The Free Thought Project reported recently, more than 1,000 police, world leaders, celebrities, and others signed a letter calling to summarily end the disastrous war on drugs.

In fact, though little comfort to Brooker now, the Drug Enforcement Agency will likely downgrade cannabis from its inexplicable Schedule 1 classification to Schedule 2 — as early as July of this year. Note that while a plethora of viable arguments can be asserted for rescheduling, considering states with laws like Alabama’s — and cases like Brooker’s — the slight concession by federal law would make a comparative, whopping difference.

Brooker attempted to bring his case before the highest court in the land as an inarguable violation of the Constitution’s ban on cruel and unusual punishment — to no avail. The court’s stonewall, in itself, could be considered as much — in an increasing number of states, Brooker’s so-called crime would have been perfectly legal.

For now, though, it appears the 76-year-old will suffer the consequences of bad policy, unjustifiable law, and the cruelty of ostensible authority figures who were all just doing their jobs.

Read more at http://thefreethoughtproject.com/life-sentence-75-year-old-vet-slightly-plant-allowed-law/#s8Vo4JapilISzggR.99

6 Stories That Prove You Can Still Be Arrested For Growing Marijuana In Colorado


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By TNM News on October 9, 2015 Latest Headlines, Legal, News Feed

Although it may be “Legal” in some way, some operations for making your own marijuana are being targeted by both the Federal and State governments. Much like the law that you cannot make and distribute your own alcohol without the proper licensing and adhering to certain guidelines, the Marijuana industry follows suit.

Fox31 Denver Reports:

DENVER — 20,000 marijuana plants, 700 pounds of dried weed and more than 30 guns, all found right out in the open.

“You see a group of people who are actually actively engaged, farming the marijuana. So that means there are tents, cookhouses. There are irrigation systems in place. There’s a lot of pesticides,” said United States Attorney for the District of Colorado John Walsh.

The busts started Aug. 19 and spanned the state of Colorado as listed below. Six of them took place through Thursday.

Pike National Forest, Aug. 19 in the Green Mountain Area in Jefferson County. Investigation is ongoing.

Law Enforcement Officers from the U.S. Forest Service, Department of Homeland Security Investigations (HSI), Jefferson County Sheriff’s Office and the Colorado National Guard Joint Counter Drug Task Force joined together to complete an eradication of an illegal marijuana grow site in the Pike National Forest. The eradication team collected more than 3,900 plants and over 3,000 pounds of irrigation pipe, pesticides, flammable liquids, camping gear and trash.

Routt National Forest, Aug. 28, Buffalo Pass Area in Routt County, two arrested.

Law Enforcement Officers from the U.S. Forest Service, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) and the Routt County Sheriff’s Office joined together to eradicate an illegal marijuana grow site located in the Buffalo Pass area, northeast of Steamboat Springs. The eradication team collected approximately 1,000 plants and removed camping gear from the site. Further, a handgun was found. Additional site clean-up of trash and other items will be ongoing by the U.S. Forest Service. Two Mexican Nationals in the country illegally were arrested.

Private Land, Sept. 1, Cotopaxi and Westcliffe in Freemont and Custer County. 20 people arrested.

A DEA-led task force executed eight search warrants in Cotopaxi and Westcliffe as part of a major drug trafficking organization investigation. Agents and officers found well over 1,000 marijuana plants, 50 pounds of dried marijuana, 28 firearms, and $25,000 in cash. The investigation and seizures resulted ultimately in the arrest of 20 individuals, many from Cuba, acting in an organized manner according to investigators. Those arrested were growing the marijuana in Cotopaxi and Westcliffe, and then either driving or using UPS to get it to Florida.

San Isabel National Forest, Sept. 7, Cordova Pass Area northwest of Trinidad in Huerfano County, two arrested.

Hunters discovered an illegal marijuana grow site located in the Cordova Pass area approximately 40 miles northwest of Trinidad. The eradication team collected more than 11,700 plants as well as irrigation pipe, pesticides, flammable liquids, camping gear and trash. The U.S. Forest Service and Huerfano County Sheriff’s Office are working together to identify the individuals. The cultivation site spread across 10 acres with some of the growing areas above 10,000 feet in elevation. The overall grow area included a kitchen structure, three sleeping areas and a rifle. Two men were arrested at one of the campsites within the cultivation area.

Bureau of Land Management land, Sept. 15, along the Dolores River corridor between Gateway and Naturita in Montrose County, four arrested.

BLM Rangers discovered more than 1,200 fully mature marijuana plants, many exceeding six feet tall, along with 211 kilograms of dried marijuana and a rifle. Because of the size of the operation, officers spent two-and-a-half days eradicating and removing the plants. The rangers arrested four Mexican nationals who were on-scene and believed to be working the grow site.

Bureau of Land Management land, September 30, also along the Dolores River corridor between Gateway and Naturita in Montrose County, six arrested.

Law enforcement officers identified a marijuana grow site, also along the Dolores River. Evidence of at least 1,000 marijuana plants appeared recently harvested with approximately 69.6 kilograms of processed marijuana still on site. The rangers arrested one Honduran and five Mexican nationals at or near the site.

“We think this is being grown in Colorado to be shipped all around the United States to states where it’s not legal,” said Walsh.

Some grows discovered by hikers and hunters, others uncovered by law enforcement. Walsh calls operations like these a multifaceted problem.

“A major concern is this marijuana is worth a lot of money and there may be violence in connection with protecting it. It’s causing Colorado to be a source state for marijuana for other states that don`t want our marijuana. Its creating environmental damage in our mountains. Its creating safety problems in our mountains,” Walsh said.

32 people are now in custody in connection with these illegal operations

Some face up to life in prison.

Walsh has one message for anyone who thinks because weed is now legal in the state, they can just come in and grow it.

“You are not going to stay long in Colorado because you are going to be in a Federal prison somewhere,” he said.

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Man hid marijuana in ‘Mary Jane’ candy wrappers at airport: cops


By Philip Messing and Chris Perez

June 22, 2015 | 2:36pm

 

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This dope must of been high on his own supply.

A passenger at Newark Airport tried to sneak a stash of marijuana past the TSA — disguising it in Mary Jane candy wrappers, authorities said.

Gregory Murphy’s “bad trip” started Friday at around 5pm when he heard his name being paged over the loudspeakers as he prepared to board a plane at Gate 85, according to Port Authority police.

The 49-year-old Toms River, N.J. resident was confronted by TSA officers after they discovered Zig-Zag rolling papers and “a green leafy vegetation” inside of his checked luggage.

Murphy later admitted to Port Authority police that the greens — which was wrapped in seven Mary Jane candy wrappers and concealed in a plastic zip-lock baggie — was in fact marijuana and that it and the rolling papers belonged to him, authorities said.

Murphy was arrested and issued summonses for possession of marijuana under 50 grams and possession of drug paraphernalia. He has been released and is due in court on July 7th.

 

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Sorry, high rollers: Marijuana is nowhere legal in these United States


Kevin Coe

February 27, 2015

 

Sorry, high rollers: Marijuana is nowhere legal in these United States

Kevin Coe

February 27, 2015

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I hate to be the party pooper but I feel there is a need to point out that the possession, transportation, processing and use of marijuana is still illegal. It is not legal in Alaska, nor Colorado, nor Washington, nor Oregon. It’s not legal in your house, nor in a car, or on a train, or in a plane. No Charlo Green I am; it’s not legal to grow pot in this here land.

There is this thing called the Controlled Substances Act. You can find it in Title 21, Section 800 or so of the U.S. Code. Section 812 lists marihuana (with an h) as a schedule I substance. The rest of the sections talk about how the federal government can punish (or, cough, deter) you from doing things with marihuana and other substances. By the way, the Controlled Substances Act was passed by Congress. Remember that high-school U.S. government class you kept falling asleep in? Quick refresher: The U.S. Constitution says if Congress passes a law, it trumps any state law.

What about my right to use marijuana? Didn’t Alaska legalize it? Can’t I have 4 ounces in my home after that Ptarmigan or Raven decision? No. Uncle Sam said no, and he couldn’t care less what Colorado’s constitution reads or what the Supreme Court of Alaska said. Ravin was a decision regarding the right to "privacy" provided by the Alaska Constitution. The recent ballot initiative was a voter initiative that changed Alaska state law. Neither gave anyone a legal right to marijuana. A state cannot grant a legal right to do something that the federal government has declared illegal. Just ask Angel Raich and Dian Monson of California; they thought they had a medical right under California law. The SCOTUS said no: Gonzales v. Raich, 545 U.S. 1, 7 (2005).

What about Ballot Measure 2 in Alaska, and the Colorado amendment, and Washington’s and Oregon’s laws? All that these states have done is decide that they will no longer enforce criminal penalties for various acts involving marijuana. So once again, marijuana is not legal in Alaska; it’s just not criminal under Alaska law, and won’t be punished by law enforcement or courts of Alaska (within the limits set by Ballot Measure 2). 
OK, semantics, right? Except these are important semantics that the general public doesn’t quite understand. Semantics that legislators should be wary of when they enact legislation, lest they have their laws pre-empted. Semantics that public administrators should ensure to get correct to properly inform the public. Semantics that, if used properly in and by the media, could help further a national debate that we should be having about drug policies in the United States.

No matter how many times Sam I Am, or Charlene Egbe, or Charlo Greene tell you it’s legal now in Alaska, it isn’t. It’s not legal recreationally and it’s not legal medically. A doctor technically can’t prescribe pot (although they can “recommend” it under their First Amendment right to free speech — again, important semantics for policymakers and interested parties). In a way, I guess that’s a good thing for people like Ms. Egbe; they can go on treating “their patients” and not fear being prosecuted for the unauthorized practice of medicine (and yes, I ran her name through the Professional License search on the Alaska Department of Commerce’s website. She is not a doctor, or a pharmacist, or a nurse, or a lawyer (different search website)). But they still need to watch out for Uncle Sam. It’s not legal to sell it, and you face stiff penalties for doing so under federal laws. Oh, you think it’s just pot, no big deal, the feds won’t bust me for it and if they do, how bad could it be? Ask Weldon Angelos when he gets out of the Mendota Federal Correctional Institute in 2051 how serious $350 worth of pot can get.

OK, so before you get your pitchforks and torches and string me up in tar and feathers for blasphemy against the almighty Matanuska Thunder #@!*, I need to clarify the point of my rant. I truly believe our nation, not just our state, needs to rethink our policies on drugs, crime and punishment. As a society, we have a knee-jerk reaction to throw people in jail thinking it will solve everything, which it hasn’t. Reform with our current Congress isn’t likely to happen anytime soon, so reform at the state level is the next best thing — a thing that can help begin national change.

But what I would hate to see is more good people imprisoned under the current severe federal drug penalties because of mistaken beliefs of their “right” to use marijuana. I would also hate to see the national debate be ignored by complacent individuals with the misguided perception that “it’s legal in my state so who cares what the feds think.” So please, when people tell you how it’s legal to smoke pot in Alaska, or Colorado, or anywhere else, remind them of what they missed when they slept through that high school government class, and tell them more change is still needed.

Kevin Coe lives in Anchorage.

The views expressed here are the writer’s own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com.

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NJWeedman found not guilty in pot distribution case


 

MOUNT HOLLY — A jury found Ed "NJWeedman" Forchion not guilty Thursday in the Rastafarian activist’s marijuana distribution case.

The decision came after Forchion was nearly held in contempt of court in the morning as he delivered his closing argument.

 

Stay tuned for details of Thursday afternoon’s verdict.

Forchion, formerly of Pemberton Township, tried to introduce his jury nullification argument into the closing, but was quickly stopped by Superior Court Judge Charles Delehey, who had barred any discussion of it.

Forchion began verbally sparring with Delehey, who then ordered the jury out of the room and told the defendant he would be held in contempt if he continued to ignore the court’s orders.

“If you want to make a martyr of yourself, the court will deal with you,” the judge said. “You’ve done everything you can to disrupt this trial.”

Jury nullification would allow the jurors to disregard the law they were ordered to follow in considering the case and acquit a defendant, no matter what the evidence, in effect nullifying or invalidating the law.

Forchion, wearing a “Marijuana … It’s OK. It’s Just Illegal” T-shirt, refused to talk to his court-appointed attorney during the brief recess, but when Delehey and the jury returned, he toed the line and abandoned his blatant jury nullification pitch.

Instead, the legalization activist focused the jury on his plight as a licensed medical marijuana patient in California who brought a pound of pot to New Jersey in April 2010 for his own use.

“I don’t use it the way the state says. To me, it’s medicine, it’s food,” Forchion said, noting for the jury that he had been eating pot-laced cookies throughout the trial. “I feel I’m the victim of a flawed law.”

The state alleged that because of the sheer volume of the marijuana, his intent was to distribute it. Burlington County Assistant Prosecutor Michael Luciano told the jury that the case was not “a political referendum” on medical marijuana or legalization.

“It is not a litmus test on the war on drugs,” he said.

Luciano also said the numbers and common sense should lead to a guilty verdict, noting that Forchion had enough pot on him when he was stopped by police in Mount Holly on April 1, 2010, to smoke for months.

By Luciano’s calculations, Forchion would have to smoke two to three joints an hour nonstop for 24 hours to get through the pound of marijuana in about six months. NJWeedman disputed the prosecutor’s math and said it doesn’t fairly portray how he uses the drug.

“He had more than any person could smoke on their own,” Luciano said, reminding the jurors that they didn’t have to find he was selling it to convict him and that sharing also constitutes distribution. “He was going to distribute this for profit. He was going to distribute it because that’s what he believes, that’s his drug, that’s his food and that’s his plant.”

At a trial earlier this year, Forchion was convicted of possession, but the jury deadlocked on the more serious distribution charge, leading to this week’s retrial.

 

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Ky. man plants marijuana in front yard


Thursday, June 14, 2012

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Police have arrested an eastern Kentucky man who they say had almost 100 marijuana plants growing in his front yard.

Knox County Sheriff’s Deputy Brian Hensley told WYMT-TV (http://bit.ly/M7ANuW) that he observed the plants after responding to a complaint from an anonymous caller.

Hensley said when he asked 42-year-old James Denver Cox of Flat Lick whether he had any more plants, the man pointed out some drying on top of a TV and some under an entertainment center. In all, Hensley said he confiscated 92 plants.

Cox declined to speak with the station and it was unclear whether he had an attorney.

He faces a felony charge of cultivating marijuana.

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Information from: WYMT-TV, http://www.wkyt.com/wymtnews