Latest

At eight a.m. the show begins; The bailiff calls, "All rise!" In walks the dog-and-pony star, Wearing his disguise. All dressed up in his robes of black, He takes the stage alone;

A seldom-discussed but significant weak link in the drug war infrastructure is the ability of any defendant to have their fate decided by a jury. Although the threat of draconian sentences leads the vast majority to plead out and accept an agreed-upon punishment, those who choose to fight it out before a jury of their peers have an opportunity to escape the drug war's icy death-grip. It's a high-risk/high-reward strategy that could become more effective as public support for the war on drugs continues to decline.

A not guilty verdict in San Diego this week highlights the difficulty of securing convictions against medical marijuana providers:

SAN DIEGO COURTS — A Navy veteran who was the manager of a medical marijuana dispensary was acquitted of five charges of possessing and selling the drug illegally yesterday, a verdict that emboldened medical marijuana activists and was a setback for San Diego prosecutors who have aggressively pursued medical marijuana cases. [San Diego Union Tribune]

Meanwhile, in Baltimore, the acquittal of an accused street dealer shows how aggressive drug war tactics have eroded public trust in police:

Only two witnesses testified at the two-day trial – Correa [the arresting officer] and a crime lab technician who tested the drugs and concluded they were indeed heroin and cocaine. Defense attorney Marie Sennett told jurors in her opening statement that the case rested solely "on the word of the officer."

And, Sennett added, "Unfortunately, that's not enough."

The jury agreed and acquitted Walker-Bey on all charges of possessing drugs and possessing drugs with intent to distribute. [Baltimore Sun]

In a climate of increased public skepticism surrounding the efficacy of the war on drugs and the fairness of the criminal justice system, outcomes like these will hopefully become more commonplace. When the jury refuses to play along, even the virtually unchecked prosecutorial powers that have done so much to fill our prisons with drug offenders can be overcome. There's no reliable formula for spotting jurors who might be reluctant to convict in a drug case, and it only takes one to complicate the process dramatically. Provided they don't, for example, write a blog about legalizing drugs, getting on a jury can be as simple as dressing appropriately and affirming their willingness to uphold the law.

The power of juries to reshape the drug war landscape can already be seen in California, where prosecutors learned years ago that medical marijuana cases aren't nearly as open and shut as federal law would suggest. The Ed Rosenthal saga, in which the jury revolted after the verdict and got the conviction thrown out, gave federal prosecutors an early taste of what lay ahead if they tried to win the war on medical marijuana in the courtroom.

Such events go a long way towards explaining why DEA agents so often raided dispensaries and confiscated profits, while declining to press charges against anyone. Every medical marijuana trial is a guaranteed public relations nightmare and there's no upside if you can't even count on a conviction. I've long suspected that the threat of uncooperative juries may in fact have been the most significant factor in enabling California's medical marijuana industry to survive and expand during the Bush Administration. With little confidence in their ability to make an example of anybody, the Feds just broke stuff instead, while leaving the industry almost completely intact.

With marijuana legalization now rapidly approaching majority support among the American public, it just seems inevitable that prosecutors will have a harder time getting groups of 12 random people to send someone to jail for marijuana. And if that happens, even a little, the implications are far-reaching. The criminal justice system is pathetically dependent on plea-bargaining in drug cases, and would grind to a halt rather quickly if more defendants insisted on taking their case to trial.

I'm beginning to fantasize here, obviously, but I do think it's important to start looking at some of the ways in which growing public support for our cause can manifest itself in contexts besides just the ballot box. The drug war is vulnerable on all fronts and the harder we work to expose and exploit its countless weakness, the more efficient and decisive our victory will be.

For more on the rights of jurors, visit the Fully Informed Jury Association.

The Tax and Regulate Cannabis 2010 initiative, sponsored by Oakland medical marijuana entrepreneur Richard Lee, has laid off its paid signature gatherers, saying they already have sufficient signatures to qualify for the November 2010 ballot. Lee told the Chronicle this afternoon that more than 650,000 signatures have been turned in, and that he expects an additional 50,000 or so to dribble in in the coming weeks. Precisely 433,971 valid signatures of registered California voters are required for an initiative to be approved for the ballot. That leaves Lee and the initiative a substantial cushion of about a quarter-million signatures to make up for any invalid signatures. The campaign will wait to turn in signatures until January 15. If they were turned in this month, the initiative would appear on the June ballot, not the November ballot. Lee wants the initiative on the latter. Lee's initiative, which would allow individuals up to 25 square feet to grow their own and would allow counties and municipalities to opt to tax and regulate marijuana sales on a local basis, is controversial. Some national figures believe it is premature and risks going down in flames at the polls, thus setting the movement back, while some California activists believe it does not go far enough and does not entice voters with potential revenues for the crisis-ridden state budget. But it will be on the November 2010 ballot, provided the signatures are certified by election officials in February. It may not be the only legalization initiative on the ballot. At least two other signature-gathering campaigns for competing initiatives are under way.