Gwen Florio wrote in the Missoulian on December 19th:
A funny thing happened on the way to Missoula County District Court last week. Jurors – well, potential jurors, staged a revolt. They took the law into their own hands, as it were, and made it clear they weren’t about to convict anybody for having a couple of buds of marijuana...’
...The tiny amount of marijuana police found while searching Touray Cornell’s home on April 23 became a huge issue for some members of the jury panel. No, they said, one after the other. No way would they convict somebody for having a 16th of an ounce. In fact, one juror wondered why the county was wasting time and money prosecuting the case at all...
...“I thought, ‘Geez, I don’t know if we can seat a jury,” said (District Judge Dusty) Deschamps. The judge and former Missoula County attorney said he's "more or less" convinced that marijuana should be legalized in some form, despite being "much alarmed at what I consider to be rampant abuse of what I think was a well-intentioned initiative"...
...On Friday (December 17th), (Defendant Touray) Cornell entered an Alford plea, in which he didn’t admit guilt. He briefly held his infant daughter in his manacled hands, and walked smiling out of the courtroom...“A mutiny,” said (Deputy Missoula County Attorney Andrew) Paul. “Bizarre,”...defense attorney (Martin Elison) called it. In his nearly 30 years as a prosecutor and judge, Deschamps said he’s never seen anything like it.
Death and Taxes Magazine's Andrew Belonsky reacted to the story as follows:
County Attorney Andrew Paul described the jury’s insistence as a “mutiny,” while defense attorney Martin Elison described it as bizarre. Deschamps, however, took a more expansive view, and called the impasse “a reflection of society as a whole on the issue.”
There’s every indication average Americans are mellowing to the idea of legalizing marijuana. A Gallup survey from October, for example, found that 46% of Americans support legalizing the drug, a two-point increase from last year. And though the AP-CNBC poll from April showed less favorable numbers for legalization — only 33% in favor, while 55% opposed — it showed an overwhelming support for medical marijuana: 60% of Americans think cannabis should be used as part of prescription plan.
Founding Father and President Thomas Jefferson said:
I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.
John Adams said of the juror:
It is not only his right, but his duty – to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.
So, the obvious question, ever-looming over our collective heads, why isn't pot legal? I mean lots of other things are legal, and lots of people seem to want to make pot legal, and I myself can't seem to come up with much if any reasons not to make pot legal. It’s a real head-scratcher. Marijuana is essentially illegal across all of the United States (except for Breckenridge, Colorado, those rebels); but in many places the drug has been decriminalized to the point that getting caught with an ounce or less of pot is the same as getting a speeding ticket for doing ten miles over.
You could almost call the war against marijuana the oxymoron of laws: proscriptions against the possession of pot aren’t really much more than symbolic at this point; enforcement of them serves to clog up the courts and costs money and time law enforcement officials could be putting to much more productive use.
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