Only in Missoula, Montana

[Big Fin]

No further comment necessary.

Montana jurors tell judge: Little pot no big deal
It's a phenomenon prosecutors are increasingly mindful of as tolerance grows for marijuana use.

By KIM MURPHY, Los Angeles Times

Last update: December 26, 2010 - 8:31 PM

It seemed a straightforward case: A man with a string of convictions and a reputation as a drug dealer was going on trial in Montana on charges of distributing a small amount of marijuana found in his home.

The problem began during jury selection this month in Missoula, when a potential juror said she would have a "real problem" convicting someone for selling such a small amount. But she would follow the law if she had to, she said.

A woman behind her was adamant. "I can't do it," she said, prompting Judge Robert Deschamps to excuse her. Another juror raised a hand, the judge recalled, "and said, 'I was convicted of marijuana possession a few years ago, and it ruined my life.'" Excused.

"Then one of the people in the jury box said, 'Tell me, how much marijuana are we talking about? ... If it was a pound or a truckload or something like that, OK, but I'm not going to convict someone of a sale with two or three buds,'" the judge said. "And at that point, four or five additional jurors spontaneously raised their hands and said, 'Me, too.'"

By that time, Deschamps knew he had a jury problem.

Growing tolerance

"I was thinking, maybe I'll have to call a mistrial," he said. "We've got a lot of citizens obviously that are not willing to hold people accountable for sales in small amounts, or at least have some deep misgivings about it. And I think if I excuse a quarter or a third of a jury panel just to get people who are willing to convict, is that really a fair representation of the community?"

The Missoula court's dilemma was unusual, yet it reflects a phenomenon that prosecutors say they are increasingly mindful of as marijuana use wins growing legal and public tolerance: Some jurors may be reluctant to convict for an offense many people no longer regard as serious.

"It's not on a level where it's become a problem. But we'll hear, 'I think marijuana should be legal, I'm not going to follow the law,'" said Mark Lindquist, prosecuting attorney in Pierce County, Wash. "We tell them, 'We're not here to debate the laws. We're here to decide whether or not somebody broke the law.'"

Twelve states plus the District of Columbia have decriminalized possession of small quantities of marijuana. Led by California in 1996, 17 states have laws that allow medical use of marijuana.

But federal authorities have in the past continued to pursue prosecutions in those states, prompting calls among drug-law reform advocates for juries to follow their consciences and refuse to convict -- known as jury nullification.

Never got to jury

Jury nullification never became an issue in the Missoula case -- there was never a jury. While Deschamps was wrestling with what to do during a recess, the defendant, Touray Cornell, agreed to accept a conviction on a felony count of distribution of his one-sixteenth of an ounce of dangerous drugs. He was sentenced to 20 years, with 19 years suspended to run concurrently with the sentence on another conviction for conspiring to stage a set-up robbery at a casino.

The prosecutor, Andrew Paul, declined to discuss the case, except to say that Cornell's neighbors had been "complaining about his brazen drug dealing."

"The jury of course knew none of that stuff," Deschamps said.

 

[fowladdict]

A little wacky tobacky charge is wasted taxpayer dollars in my opinion.

 

[BuzzH]

Its a sad deal nationwide.

I had jury duty this year, wasnt called to be a juror, but sat through jury selection on a case involving meth.

There were 3 potential jurors called, all I'd say around 18-22 years old, that were dismissed because they thought the drug laws in the United States were too strict...

I couldnt believe it...not being able to distribute, use, and manufacture meth is "too restrictive??? One "dude" thought everything should be legal and the "cops" should stay out of it...UNBELIEVABLE!

On the other hand, there were a couple people excused because they had relatives who were meth users and thought anyone caught with the stuff should be thrown in jail for life.

With MT legalizing marijuana, its no shock to find a jury pool with that mentality...

 

[Big Slick]

If you guys think it is bad in Montana, try living in Humboldt County,California. Talk about some real loonies. You have to get checked just like at the airport to get into the court building. They took my wifes hair pick away, all I needed was to get a copy of my birth certificate.

 

[thecrittergitter]

It is unbelievable................What is the purpose of having any laws at all if its ok here or there to break a few.

How is it fair to the guy that gets nailed for selling 1/8 ounce when they say its ok for the guy selling 1/16th ounce! The line is easy, you sell any, your azz should be beaten, fined to beat hell, and thrown in the can..............you don't sell any, well then you have no problems.

I hope that fugger gets hit by a car the minute he steps out of jail,he sounds like a real fuggin champ.

 

[Gunner46]

Our countries laws have always had a Slip & Slide, usually based about 10-20 yrs behind, our general populace concise of mores. Hell you used to get Cocaine in yer freakin' Coke !! (for a $0.05)

In honestty to myself, I cannot see ruining someones reputation, career opporttunities, or educatiional advancement because of a couple of buds. If a couple of bigger guys slip by, they'll get popped for something bigger later on anyway. As an LP Auditor I have learned, Oh So Well,, it's better to be patient than jump too soon on something of small offense.

We let the small bucks walk.......so we can find the Big Boys don't we?

 

[Sytes]

Haha!
Prob the bunch of potheads on the jury were fearing their supplier would be the one they would be deliberating!

It does show a sign of the times... I would much rather deal with a pothead than some nut job liquid couraged up. Talk about DUI... haha a pothead would be sitting in his driveway or doing 10 miles less the speed limit vs driving 90mph with beer cans laying around and wrecking other lives...
Legalize the crap already way too much in resources are WASTED dealing with pot and the enforcement / judicial aspects...

 

[BuzzH]

If you dont want your career opportunities, education, or reputation ruined...stay legal, real easy.

I've argued at length with most all of the potheads I work with...they all use the same arguement you just did...its ONLY pot. Other favorites are, "its no worse than drinking", "it doesnt impact anyone but me".

The BS comes to a grinding halt when I remind them that having a shot of Crown Royal or drinking a PBR arent illegal...while their pot IS. I usually follow that up with "I hope you caught and lose your job"...typically a conversation changer.

I'm with crittergitter on this one...I wouldnt show anyone who uses pot illegally "1/16th" ounce of mercy.

 

[Sytes]

Not saying - make it legal to Drive under the influence... I am saying it is not anything worse than alcohol or tobacco products - that are legal... it is illegal to be driving under the influence of marijuana as it is... the same as alcohol... no difference. Taxes, and re-direct all the resources towards drugs that need focus... (ex: meth labs - cocaine, pcp, etc) activities that need enforcement...

 

[BuzzH]

Yeah, it is worse than alcohol and tabacco...try telling the US Border Patrol how safe it is to work around marijuana smugglers down south.

You are never going to convince me that illegal drugs are no worse than a dip of copenhagen or a shot of whisky...mainly because it just isnt true.

 

[Moosie]

I was jsut on a Jury myself. Was a Attempted Strangulation charge. So not Drugs. But the question was brought up is any Jurors feel the laws are UNFAIR, like Marijuana use. Interesting the comments that came up.

Personally, I've never "INHALED" Although i've never touched the stuff I think it should be legal. They should TAX it and open up the market to people. But regardless what I think. When on a Jurry pannel you go by the Letter of the law. Although I didn't agree with the rules and law, We had to go by the definition. Sometimes it sucks.

One Hispanic jurror was real nervous and when the lawyer asked him about it he said "I've never been on this side of the bench before, I'm used to being on that side" and he pointed at the Defendents chair

 

[Calvin]

Opportunities are wide open for somebody who lives a clean lifestyle. (no drinking, smoking, drugs) So many in the 20-30's are drunks and pot heads that people just don't want to employ them in my area. In fact, it's damn hear impossible to find somebody reliable these days.

As far as I'm concerned, they can keep spending their money and keep destroying their bodies/minds with drugs/alcohol. More opportunities for me.

 

[smalls]

Yeah, it is worse than alcohol and tabacco...try telling the US Border Patrol how safe it is to work around marijuana smugglers down south.

You are never going to convince me that illegal drugs are no worse than a dip of copenhagen or a shot of whisky...mainly because it just isnt true.

But this doesn't speak to the actual danger of the drug, but the danger that its illegal nature cultivates. Take away its "illegal" status, and it's one less thing for Border Patrol to worry about.

Marijuana use is pretty rampant in our society (even in Wyoming!), yet when's the last time you heard about a driver impaired by pot getting into an accident or killing someone? I'm not claiming that using marijuana is "ok", but let's not argue that it is any better or worse than alcohol (I've seen people who are impaired after one shot of whisky).

For the record, I have never touched pot... I have drank my fair share of beer and other alcohol and continue to enjoy doing so. I simply do not put pot in the same class of drugs as cocaine, heroin, meth and even prescription drugs.

 

[Sytes]

Yeah, it is worse than alcohol and tabacco...try telling the US Border Patrol how safe it is to work around marijuana smugglers down south.

You are never going to convince me that illegal drugs are no worse than a dip of copenhagen or a shot of whisky...mainly because it just isnt true.

Take away the need to smuggle due to competing with legit grow ops:
1. Cartels can not make the "bang for the buck" when competing against legal grow ops - It would be the profits of non taxed action as we saw Canada's alcohol drain down to nil once we legalized alcohol - from it's "Illegal status"...
2. Legal grow operations will severely crack down on illegal grow ops in our national forests.
3. Law enforcement can focus on the drugs and activities that do cause harm to Americans.
4. Our courts would have equal less burden...
5. Our prisons would reduce in excess tax dollars to house these "potheads".
that is simply off the top of my thoughts...

I understand your statement that I will never "convince" you... though Remember - at one time, alcohol was illegal...

 

[BuzzH]

Smalls and Sytes...it isnt legal.

Argue all day long about how its no worse, but currently it is.

 

[----]

Smalls and Sytes...it isnt legal.

Argue all day long about how its no worse, but currently it is.

They're arguing that it'd be beneficial to make it legal, and that it doesn't affect the body in worse ways than legal narcotics, not that it isn't currently legally worse.

 

[mtmiller]

Put me in the WGAF Camp. Write a $100 ticket and move on to something more important.

 

[drahthaar]

I don't buy the "well its safer than alcohol and it affects only me" stuff. Plenty of studies to show the effects on activities such as driving are there but not as strong. But the effects lasted longer than alcohol, up to 24 hours.

I say fine, legalize the stuff, I agree it is a huge burden on law enforcement, but we need to stiffen penalties for being under the influence of weed and alcohol for things like driving. Make it hurt. Because right now, its a joke. And if you want your unemployment check, welfare checks, etc, you submit to random testing. You have pot in your system, you are cut off, no exceptions. Implement policies like that, and I might even be convinced.

 

[smalls]

Argue all day long about how its no worse, but currently it is.

Huh, I never pegged you as a "if it's legal it's ethical" type of guy.

 

[BuzzH]

Smalls,

I'm pretty much an "if its against the law...its illegal" type of guy. I'm not in favor of cutting criminals much slack, and largely think they deserve what they get when caught. If pot heads are looking for a shoulder to cry on when they get caught...they wont be finding one here.

I'm not arguing whether or not its worse than tobacco or alcohol on the health of the person using it...never have. Theres difference of opinions and facts on whether or not it is. I dont care either way.

What you also cant argue about is that currently its against the law, and it there is no doubt it effects the lives of the users and non-users alike.

My tax dollars are being used to keep a bunch of burn-outs in prison, my tax dollars are being spent on enforcement, puts LEO's at risk, funds drug cartels, creates gang activity, etc. etc. etc. etc. etc.

It does all those things...like it or not, its the reality.