20 Years for Growing Pot to Treat M.S.?
source: http://reason.com/blog/2009/12/11/20-years-for-growing-pot-to-tr
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- JackHerer
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http://reason.com/blog/2009/12/11/20-years-for-growing-pot-to-tr
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N_Dank
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this is just bullshit, stories like this that never make it on newspaper but are the sad truth
- 2 years ago
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N_Dank
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402Chicago
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even though they don't allow him to say that he grew it for his M.S. i'm sure he and his attorney will sneak it in a few times that this was the reasoning, and even if objection is called, and the jury told to disregard it, the jury is made up of average citizens and will take this into consideration for sure.
his charges on owning a drug manufacturing facility is ridiculous, granted he should be charged for owning the pot plants (because let's face it it was a law and he violated it) but such a harsh charge is dumb.
- 2 years ago
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402Chicago
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noxidereus
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402Chicago:
"he should be charged for owning the pot plants"
Should he really? Do you agree with this law? Should we always obey laws unquestioningly no matter what? Step away from the law for a second and put it into perspective. Does a sick person who grows a plant to help them feel better deserve to be punished at all? Really? Is it just because "rules is rules" that he should be punished? If so, what purpose does the law serve in this case if it is just for its own sake.
This is a reductio ad absurdum but it demonstrates that punishing people for breaking (stupid) laws, just because they are laws, is itself stupid:
What if they make using your left hand to write illegal? Just because we would have that law, does someone who is left-handed really deserve to be punished? Should we punish people even in light of the fact that the law is unjust and ridiculous (much like cannabis prohibition). No. That's not justice at all. "rules is rules" is a poor ideology.
- 2 years ago
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noxidereus
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craigsaid
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Too bad there's not a douche bag screening process to become an attorney general. Although I guess that would be a crippling blow to the functioning of our justice system.
- 2 years ago
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craigsaid
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CalgarC
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fuck our governments... we should just do what we want, they don't have enough jail cells for all of us
- 2 years ago
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CalgarC
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rad62864
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"Jury nullification is the process whereby a jury in a criminal case nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her."[1] Widely, it is any rendering of a verdict by a trial jury which acquits a criminal defendant despite that defendant's violation of the letter of the law—that is, of an official rule, and especially a legislative enactment. Jury nullification need not disagree with the instructions by the judge—which concerns what the law (common or otherwise) is—but it may rule contrary to an instruction that the jury is required to apply the "law" to the defendant in light of the establishment of certain facts.
Strictly speaking, a jury verdict which rules contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of identical verdicts develops in response to repeated attempts to prosecute a statutory offense, it can have the practical effect of invalidating statute[citation needed]. Jury nullification is thus a means for the public to express opposition to an unwanted legislative enactment.
The jury system was established because it was felt that a panel of citizens, drawn at random from the community, and serving for too short a time to be corrupted, would be more likely to render a just verdict, through judging both the evidence and the law, than officials who may be unduly influenced to follow established legal practice, especially when that practice has drifted from its constitutional origins. However, in most modern Western legal systems, juries are often instructed to serve only as "finders of facts", whose role it is to determine the verity of the evidence presented,[2] instructions that are criticized by advocates of jury nullification.
Historical examples of nullification include American revolutionaries who refused to convict under English law,[3] juries who refuse to convict due to perceived injustice of a law in general,[4] the perceived injustice of the way the law is applied in particular cases,[5] and cases where the juries have refused to convict due to their own prejudices such as the race of one of the parties in the case.[6]" Source from Wikipedia
- 2 years ago
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rad62864
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sedgleyoss
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They can't just leave people with illnesses and deficiencies alone? What is the problem with a person trying anything they can to alleviate the pain they experience when doctors won't help. In this country pot has been used as a means of gaining money and increasing the statistics of prosecutors for too long.
- 2 years ago
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sedgleyoss
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smallgod
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Ahh...They should send that picture to the Attorney General. Why can't he have a fair trial in front of a jury of his peers? Is there absolutely no way he can get a fair jury trial?
- 2 years ago
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smallgod
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PragmaticPat
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I would like to know why the judge thought the motive behind a crime was irrelevant. This seems a little fishy. I would like to know if there was proof that he sold some of his weed to someone else and they ratted on him. How else would a man with m.s. even get caught? There are too many questions about this case. It seem to be a little one sided. Just on a note: Just because someone may have a disease, it does not mean they can break a stupid law and get away with it.
- 2 years ago
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PragmaticPat
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noxidereus
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PragmaticPat:
No medical marijuana patient can ever present evidence that they are obeying state laws. That is true for everyone, not just this man. American justice? Well, considering that America imprisons more people per capita than any other country in the world (and people profit off of that), yes, it's American. Justice, not so much.
"Just because someone may have a disease, it does not mean they can break a stupid law and get away with it."
Really? A sick man is treating his disease with a plant is facing 20 years in prison and that's what you say? Did you just walk out of a Monty Python sketch. They tend to make fun of our unthinking adherence to silly rules and conventions over actually thinking and using common sense or human decency.
For one, cannabis is illegal for nefarious reasons. Everyone used to call it hemp. Nobody knew what marijuana was. Some racists didn't like Mexicans. They started calling it marijuana then, to link it to the Mexicans, and scared everyone into thinking that Mexicans were bringing a dangerous new drug into America and they were going to rape and kill everyone. It is a fact that some people that voted for prohibition didn't even know that marijuana was hemp... not to mention that it wasn't constitutional to make it illegal in the first place, so they made up some marijuana tax stamp BS to get it done. American Justice.
The war against drugs started as the war against war protesters. Check out your history. Nixon used it to arrest the hippie war protesters, then Reagan picked up the reins and took it even further, which is why we are currently as close to being a police state as we ever were. We barely resemble the America envisioned by our founding fathers (but we still wear their vision as a badge of honor), a dichotomy so predicable by human nature.
There are a lot of people who profit off the war on drugs, and keeping prohibition on the books provides a good supply of revenue. It's also still a good way to lock dissidents up (not very democratic). The war on drugs profiteers, along with the alcohol and tobacco companies are the biggest proponents of cannabis prohibition. Look it up. They don't want anything to cut into their profits. We imprison more people per capita than any other country in the world. That is a fact. The US constitutes only 5% of the total world population, yet 25% of all the worlds prisoners are imprisoned by America, for profit.
So here we have a sick man who grew a plant for medicine. He is facing 20 years in prison for treating his debilitating illness, based on laws that don't make any sense whatsoever, and you go and say:
"Just because someone may have a disease, it does not mean they can break a stupid law and get away with it."
Is it because you're a "rules is rules" kind of person? Those kinds of people scare me. Perhaps it is just because you didn't put it into perspective. What is really just? Unthinking obedience to stupid laws... laws that we know are stupid, or having empathy for a sick man who wants to feel better? Come now, let's agree to the latter. Let's not become slaves to stupid laws. That's not what democracy is supposed to be about.
- 2 years ago
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noxidereus
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nursediesel
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All the restraints on what is and isn't allowed stems back to someone with a legal degree going hog wild to either convict or free a client. Once something is in the court records it can be sited and used against/for someone else.
No wonder people label lawyers as BAD, those that cause such extremes in common sense situations make it bad for reasonable lawyers to get their due credit.
Is that right, sgwhites? - 2 years ago
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nursediesel
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Conniepae
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Sad, sad, sad! If he had led us into a war of choice, he would get a pass. If he authorized torture, he would get a pass. If he had ruined our financial institution, he would get his bonus and a pass. There are so many things wrong in America, one would think cannabis would be a low priority.
Instead of helping people with illness, they prosectute them. Compassion is 'soooo' yesterday. Sad, sad, sad!
- 2 years ago
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Conniepae
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copperdragon
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That is just wrong
- 2 years ago
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copperdragon
