I’ve been hearing about jury nullification as a defense against prosecution for marijuana crimes. It is an interesting concept, where the jury just refuses to convict the defendant just because they disagree with the law or because they believe it should not be applied in a particular case. This was used extensively to stop the enforcement of the Fugitive Slave Act before the Civil War and the Volstead Act during the prohibition of alcohol. During prohibition, as many as 60% of the alcohol violations were nullified by juries. With greater than 50% of Americans now believing that marijuana prohibition should end, it is very likely you could get a member of your jury to vote for your acquittal. NJWeedman, Edward Forchion, a New Jersey medical marijuana patient, has used jury nullification as a way to avoid prosecution. Forchion is an outspoken critic of the war on marijuana and has some very good ideas about mounting an effective defense in court against prosecution. He spent 6 months in jail for exercising his freedom of speech when he made commercials that called for an end to marijuana prohibition, yet he still marches on as a warrior in the fight against prohibition.
The states that have moved to legalize marijuana for medicinal or recreational use have also nullified Federal marijuana laws to a certain extent, by stopping the enforcement of those laws by local authorities. It has been an uphill battle where some local law enforcement have refused to honor the will of the voters in their state and enforce Federal marijuana laws anyway. Still progress is being made where a wave of acceptance for medical marijuana has swept the country and over 50% of Americans now believe marijuana prohibition should end, and that it should be regulated and taxed similar to alcohol.
Oath Keepers is an organization of active and former military, police and first responders that have vowed to uphold their oath to support and defend the Constitution of The United States, by refusing to obey unconstitutional orders such as, to disarm the American people, detain Americans as enemy combatants to be held without trial and to conduct warrantless searches. This also is a form of nullification that protects our freedoms and rights that are under attack by the Federal Government. Their motto is “Not On Our Watch”.
When those we elect to lead us, refuse to honor their oath to support and defend the Constitution, the responsibility falls on us to stand together and defend our rights and way of life. Our best defense against this assault on freedom, is to watch those we elect to represent us and hold them accountable by removing them from office when they fail to protect our rights. That system seems to have failed, where our two-party system yields more of the same, regardless of which party is in majority. Our rights of freedom of speech, the right to privacy, the right to be secure in our personal effects, and the right to self-defense are constantly being eroded by our government. Nullification can be a very powerful tool to prevent the loss of freedom if we just refuse to play their game.