New Hampshire Jury Acquits Pot-Growing Rastafarian - Hit & Run : Reason.com

Hooray for the jury! This is how the people fight back against an over-reaching, brutally corrupt government which criminalizes the use of a health-building, spiritually elevating plant: New Hampshire Jury Acquits Pot-Growing RastafarianJacob Sullum|Sep. 14, 2012 1:00 pmA few months ago, New Hampshire Gov. John Lynch signed a bill declaring that "in all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy." Although the new law does not take effect until next January, a case decided yesterday in Belknap County illustrates the importance of the nullification power it recognizes. A jury unanimously acquitted Doug Darrell, a 59-year-old Rastafarian charged with marijuana cultivation, after his lawyer, Mark Sisti, argued that a conviction would be unjust in light of the fact that Darrell was growing cannabis for his own religious and medicinal use. More remarkably, Judge James O'Neill instructed the jury that "even if you find that the State has proven each and every element of the offense charged beyond a reasonable doubt, you may still find the defendant not guilty if you have a conscientious feeling that a not guilty verdict would be a fair result in this case."That is New Hampshire's model jury instruction on the nullification issue, but each judge has discretion whether to give it. In this case, since Sisti argued in favor of nullification and the prosecutor, Stacey Kaelin, argued against it, O'Neill agreed to clarify the law by giving an explicit instruction. The jury, which deliberated for six hours on Wednesday afternoon and Thursday morning, twice asked to hear the instruction again. Sisti, who has been practicing law for 33 years, says this is the first time he has persuaded a judge to tell jurors they have the power to vote their consciences. He hopes the new law will make such instructions more common, if not standard.

via New Hampshire Jury Acquits Pot-Growing Rastafarian - Hit & Run : Reason.com.