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Thank you Sam Farr, for helping to further the cause of justice

Lois · 410

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Offline Lois

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So why should we thank him?

Quote
....  This week, he introduced a bill to right a monstrous wrong in the federal justice system. Anyone charged with a federal marijuana crime is tried in federal court. In such cases, the judge does not allow what is called an "affirmative defense" -- in other words, the defendant having the right to make his or her case to the jury that they were following state laws regarding medical marijuana and providing medicine, often with the full support and approval of local and state government. People with medical marijuana dispensaries who are busted by the feds get to court and are not even allowed to tell the jury that they're not some sort of evil drug dealer. Such a defense is simply not allowed, under current law. No evidence is allowed to show that state and local laws were being followed at all. Not one word of this explanation reaches the jury's ears. It's just: "This person had this amount of marijuana, so you have to convict him of breaking federal narcotrafficking law." That's it.

This is a travesty of justice, and Sam Farr and other House members (including at least one Republican co-sponsor, Ron Paul) have now introduced a bill (the "Truth In Trials Act") which would change these unjust trial rules, and allow for affirmative defenses.

This may sound like an arcane legal point, but it really isn't when you consider the possible effects of allowing defendants to actually make their case to federal juries. If juries start laughing the federal prosecutors out of court, and refusing to convict in case after case, then it will undermine the Justice Department's current overreach on the issue. Sooner or later, the feds will realize they are just wasting everyone's time and money -- only to be slapped in the face with "jury nullification" in every case. Meaning perhaps (just perhaps) the Justice Department will realize that their efforts are going to go nowhere on the issue.

We have no idea what the chances for passage are, but for focusing like a laser on one of the most unjust features of our "drug war" (a war against what the states consider legal medicine) is a brilliant political tactic, and we sincerely hope Farr's bill gets a fair hearing and passes both houses. Perhaps we could start spreading the story that passing this bill will make Obama look really bad politically (in battleground states, to boot!) -- maybe that'll cause the Republicans to start pushing the idea, who knows?

excerpt from:  http://www.huffingtonpost.com/chris-weigant/friday-talking-points-219_b_1691067.html