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Title: Florida Woman Found Not Guilty of Marijuana Cultivation (Jury Nullification)
Source:
Marijuana.com
URL Source: http://www.marijuana.com/blog/news/ ... ilty-of-marijuana-cultivation/
Published: Sep 17, 2016
Author: Monterey Bud
Post Date: 2016-09-17 21:06:32 by Hondo68
Keywords: Not Guilty, legal, Maine to Florida
Views: 11465
Comments: 53
Bridget Kirouac, a medical marijuana patient who relocated from Maine to Florida, and who suffers from debilitating bone spurs, was found not guilty of cultivating medical marijuana in her Martin County home. BREAKING: Bridget Kirouac found NOT GUILTY of cultivation and possession of cannabis. More tonight on @WPTVpic.twitter.com/KTNuuRqXd7 — Jason Hackett (@JHackettWPTV) September 16, 2016 Informing the sympathetic jury, “I’m not a criminal, I’m a patient,” Kirouac told the attentive courtroom. “All I’m trying to do is survive.” Kirouac used marijuana Kirouac explained to the courtroom that she was an MMJ patient in the state of Maine with a valid recommendation for medical marijuana before relocating to the Sunshine State for its warmer climate. She held back tears while explaining her struggle with pain. “When you get to that point, and you tried as many of the options that are available to you as I have…dying becomes a very attractive prospect,” she said. The prosecution focused on the fact that medical marijuana was not legal at the time of her offense. They were ultimately handed a historical defeat with the jury’s not guilty verdict for Bridget Kirouac. Poster Comment: A jury of your peers has determined that growing weed is legal. THE END 
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#3. To: hondo68 (#0)
Hallelujah!! This was the second medical marijuana case that Michael Minardi has won in Florida. The first was the case of Jesse Teplicki. If you are ever charged with marijuana possession in Florida, be sure to cite the binding precedent of Florida v. Bridget Kirouac, opinion of the jury. That judge is a spoilsport.
You're really kind of an asshole, taking delight in the pain and suffering of others. Not just this thread either - it's pretty much the same on any post you make about medical marijuana users. Let's get one thing straight - the government does not own our bodies and as such has no business telling anyone what they may or may not use to medicate themselves.
Not just this thread either - it's pretty much the same on any post you make about medical marijuana users. Not taking delight, just not taking your blathering bullshit. Marijuana is illegal. Marijuana is not medicine. That is the law, like it or not. Jury nullification is just fine. It does not change any law. It does not say marijuana is legal. It says the jury, based on the fasts of the case, found rendering a guilty verdict in the case before them would be an injustice. They are empowered and free to render a not guilty verdict. They do not change the law. Each future defendant will have to roll the dice on a verdict, knowing that they have violated the law. And arguing nullification to the jury is prohibited.
Bullshit! The jury decided that the DA's and your presentation to the court is SPAM, that you're CT freaks, kooks, and weirdos. It's settled law that weed is legal. The precedent is carved into stone, deal with it!
#12. To: hondo68 (#11)
It's settled law that weed is legal. The precedent is carved into stone, deal with it! Neither a trial court, nor its jury, is capable of setting a binding precedent. How much ignorance can you display? A precedent is binding upon all lower courts within the jurisdiction of an appellate court. A trial court has no lower court to bind. A jury is not the court and cannot create precedent, even upon the trial court. You are completely cluless. You do not know what a binding precedent is. https://en.wikipedia.org/wiki/Precedent Precedent that must be applied or followed is known as binding precedent (alternately metaphorically precedent, mandatory or binding authority, etc.). Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under the territory of a regional appeals court. All appellate courts fall under a highest court (sometimes but not always called a "supreme court"). By definition, decisions of lower courts are not binding on courts higher in the system, nor are appeals court decisions binding on local courts that fall under a different appeals court. Further, courts must follow their own proclamations of law made earlier on other cases, and honor rulings made by other courts in disputes among the parties before them pertaining to the same pattern of facts or events, unless they have a strong reason to change these rulings. There is a binding precedent, but it is from the U.S. Supreme Court. Gonzales v. Raich, 545 U.S. 1, 27-29 (2005) Second, limiting the activity to marijuana possession and cultivation “in accordance with state law” cannot serve to place respondents’ activities beyond congressional reach. The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. It is beyond peradventure that federal power over commerce is “‘superior to that of the States to provide for the welfare or necessities of their inhabitants,’” however legitimate or dire those necessities may be. Wirtz, 392 U. S., at 196 (quoting Sanitary Dist. of Chicago v. United States, 266 U. S. 405, 426 (1925)). See also 392 U. S., at 195–196; Wickard, 317 U. S., at 124 (“‘[N]o form of state activity can constitutionally thwart the regulatory power granted by the commerce clause to Congress’”). - - - - - - - - - - [37] We acknowledge that evidence proffered by respondents in this case regarding the effective medical uses for marijuana, if found credible after trial, would cast serious doubt on the accuracy of the findings that require marijuana to be listed in Schedule I. See, e. g., Institute of Medicine, Marijuana and Medicine: Assessing the Science Base 179 (J. Joy, S. Watson, & J. Benson eds. 1999) (recognizing that “[s]cientific data indicate the potential therapeutic value of cannabinoid drugs, primarily THC [Tetrahydrocannabinol] for pain relief, control of nausea and vomiting, and appetite stimulation”); see also Conant v. Walters, 309 F. 3d 629, 640–643 (CA9 2002) (Kozinski, J., concurring) (chronicling medical studies recognizing valid medical uses for marijuana and its derivatives). But the possibility that the drug may be reclassified in the future has no relevance to the question whether Congress now has the power to regulate its production and distribution. Respondents’ submission, if accepted, would place all homegrown medical substances beyond the reach of Congress’ regulatory jurisdiction.
Top • Page Up • Full Thread • Page Down • Bottom/Latest A jury of your peers has determined that growing weed is legal.
“It’s been extraordinarily stressful…emotionally draining” Kirouac says but the judge says her acquittal doesn’t mean she is free to use medical marijuana.
#4. To: nolu chan (#3)
(Edited)
#9. To: Deckard (#4)
You're really kind of an asshole, taking delight in the pain and suffering of others.
#11. To: nolu chan, settled law (#9)
And arguing nullification to the jury is prohibited
Replies to Comment # 11. Bullshit! The jury decided that the DA's and your presentation to the court is SPAM, that you're CT freaks, kooks, and weirdos.
Binding precedent
First, the fact that marijuana is used “for personal medical purposes on the advice of a physician” cannot itself serve as a distinguishing factor. Id., at 1229. The CSA designates marijuana as contraband for any purpose; in fact, by characterizing marijuana as a Schedule I drug, Congress expressly found that the drug has no acceptable medical uses. Moreover, the CSA is a comprehensive regulatory regime specifically designed to regulate which controlled substances can be utilized for medicinal purposes, and in what manner. Indeed, most of the substances classified in the CSA “have a useful and legitimate medical purpose.” 21 U. S. C. § 801(1). Thus, even if respondents are correct that marijuana does have accepted medical uses and thus should be redesignated as a lesser schedule drug, [37] the CSA would still impose controls beyond what is required by California law. The CSA requires manufacturers, physicians, pharmacies, and other handlers of controlled substances to comply with statutory and regulatory provisions mandating registration with the DEA, compliance with specific production quotas, security controls to guard against diversion, recordkeeping and reporting obligations, and prescription requirements. See §§ 821–830; 21 CFR § 1301 et seq. (2004). Furthermore, the dispensing of new drugs, even when doctors approve their use, must await federal approval. United States v. Rutherford, 442 U. S. 544 (1979). Accordingly, the mere fact that marijuana—like virtually every other controlled substance regulated by the CSA—is used for medicinal purposes cannot possibly serve to distinguish it from the core activities regulated by the CSA. Nor can it serve as an “objective marke[r]” or “objective facto[r]” to arbitrarily narrow the relevant class as the dissenters suggest, post, at 47 (opinion of O’Connor, J.); post, at 68 (opinion of Thomas, J.). More fundamentally, if, as the principal dissent contends, the personal cultivation, possession, and use of marijuana for medicinal purposes is beyond the “‘outer limits’ of Congress’ Commerce Clause authority,” post, at 42 (opinion of O’Connor, J.), it must also be true that such personal use of marijuana (or any other homegrown drug) for recreational purposes is also beyond those “‘outer limits,’” whether or not a State elects to authorize or even regulate such use. Justice Thomas’ separate dissent suffers from the same sweeping implications. That is, the dissenters’ rationale logically extends to place any federal regulation (including quality, prescription, or quantity controls) of any locally cultivated and possessed controlled substance for any purpose beyond the “‘outer limits’” of Congress’ Commerce Clause authority. One need not have a degree in economics to understand why a nationwide exemption for the vast quantity of marijuana (or other drugs) locally cultivated for personal use (which presumably would include use by friends, neighbors, and family members) may have a substantial impact on the interstate market for this extraordinarily popular substance. The congressional judgment that an exemption for such a significant segment of the total market would undermine the orderly enforcement of the entire regulatory scheme is entitled to a strong presumption of validity. Indeed, that judgment is not only rational, but “visible to the naked eye,” Lopez, 514 U. S., at 563, under any commonsense appraisal of the probable consequences of such an openended exemption.
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