Legal Commentary

NORML to Challenge Mass. Pot Law

By Jeralyn

Back in September, I wrote about the arrest of NORML Founder Keith Stroup in Mass. at a rally for smoking a marijuana cigarette.

The case is headed to court Thursday morning. Keith and his co-defendant are challenging the constitutionality of the law criminalizing adult pot possession and use, and are requesting a jury nullification instruction:

[Their motion asks] the trial judge to inform the jury of their right to return a not-guilty verdict if, in their view, the defendants’ actions did not amount to criminal conduct.

This long-held traditional power of a jury — to refuse to convict if its members agree that such a conviction would create an injustice — is fundamental to the jury’s role as the bulwark of American individual liberty.

A copy of their motion to dismiss is available here. There will be a press conference at Boston's Batterymarch Conference Center after the hearing.

Full post as published by TalkLeft on March 18, 2008 (boomark / email).