Despite marijuana legalization (Proposition 19) failing in California this past voting period, attitudes towards marijuana are shifting. The general public is beginning to recognize the failures of the War on Drugs, particularly in regards to marijuana. It’s getting more difficult to seat an unbiased jury and even judges are becoming more reluctant to hand down strict sentences on marijuana charges.
As of today, seventeen states have enacted legislation allowing for the use of medical marijuana. Considering it all began with California in 1996, this is a pretty large group. Most states have also decriminalized simple possession charges—electing to just fine those found in violation rather than sending them to court.
Although there are few clear numbers on just how many Americans use marijuana, more and more support legalizing it if for no other reason than saving the state’s money and decreasing the burden at all levels of the criminal justice system.
One recent case out of Missoula, Montana had prosecutors completely unable to seat a jury because prospective juror after prospective juror refused to convict someone charged with possessing only a few buds of marijuana. The overwhelming consensus was that the prosecution was simply wasting time and money by bringing such a case before the courts.
This particular defendant was also facing felony distribution charges and a plea agreement was worked out during a recess at jury selection time.
Another case, this one involving a marijuana activist, has a judge nullifying the law, in essence. The prosecution sought a 6 ½ year sentence but the judge sentenced the defendant to only one day. It’s said this was at least due, in part, to the jury who indicated they would’ve acquitted the defendant had they known he used the marijuana for medicinal use.
Cases of jurors and even judges questioning the use of marijuana criminal charges will likely continue to mount. It’s said these same sorts of occurrences were common during prohibition and the civil rights movement of years past as the public showed dissent by using what’s referred to as “jury nullification”.
Until marijuana is legalized, however, charges involving the drug will no doubt continue to be brought by prosecutors across the country. Although it may be easier now more than ever to find a judge willing to be lenient on marijuana charges, most defendants aren’t so lucky and can still spend nights behind bars for possession charges and years in prison for things like marijuana distribution.
Marijuana laws vary considerably between the states. If you are facing any sort of marijuana charge, a criminal defense attorney can give you the details regarding what sort of potential penalty you might be up against. We maintain a network of defense attorneys across the country—let us put you in touch with one today.
About David Matson