Changes in Jury Trials for Marijuana Cases

iStock_000012403418XSmall (3).jpgA trend is developing in courtrooms across the nation: juries are hesitant to convict individuals for simple marijuana cases. Recently, after discovering that a defendant was being prosecuted for marijuana possession, the uproar from the jury led the prosecutors to drop the charges. The defense attorney in the case explained that the jury “felt marijuana should be legalized.” The growing distaste for harsh marijuana punishment is only gaining momentum in the wake of Colorado and Washington legalizing recreational use of marijuana in 2012.

While that case is not the standard outcome, it is also not an isolated incident. In another case, in which the defendant was charged with possession of one sixteenth of an ounce marijuana, so many jurors protested at charges being pursued that the prosecutor was pressured into offering a plea bargain.

In yet another case, a jury acquitted a man of marijuana cultivation, even though there was more than enough evidence to find him guilty. The judge in that case told 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.” The jury apparently had “a conscientious feeling” and decided not to convict and imprison a man for personal marijuana cultivation.

Multiple factors play into the growing number of acquittals in marijuana cases. Along with rapidly changing public opinion, prosecutors face overwhelming caseloads and generally concentrate their time, energy, and resources on more serious crimes.

Obviously, prosecutors will not stop doing their jobs when the police arrest someone for violating a marijuana law. But these recent developments mean that marijuana defendants have a better chance at winning in court than ever before if represented by a lawyer willing to fight to the end.

DisclaimerThe information contain on this site and in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from The Gilbert G. Garcia Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. Any and all communications as a results of this Post and/or this Site, is not secure nor confidential. Further, the mere initiation of any contact with The Gilbert G. Garcia Law Firm, staff, lawyer or a message on this post/site does not create an attorney–client relationship.

Gilbert Garcia has been Passionately Pursuing Justice for over 30 years and founded The Gilbert G. Garcia Law Firm in 2008. The Gilbert G. Garcia Law Firm is a boutique law firm, specializing in Criminal Defense. Gilbert represents adults and juveniles accused of a crime and who have with a felony, misdemeanor or record cleaning case. Conveniently located on the courthouse square to serve Montgomery and Walker Counties. Gilbert became Board Certified in Criminal Law by the Texas Board of Legal Specialization in 1989. The Gilbert G. Garcia Law Firm is located at 220 N. Thompson St., Suite 202, Conroe, TX 77301.

Drug Related Charges may include: Possession of Marijuana, Possession of Controlled Substance, Possession of Dangerous Drug, Manufacturing a Dangerous Drug/Controlled Substance, Delivery or Intent to Deliver Marijuana/Dangerous Drug/Controlled Substance, Possession of Drug Paraphernalia and many other drug related charges.