A story out of New Jersey last week has demonstrated the simple yet unmitigated power of a jury of one’s peers in slowing and perhaps reversing over time the accelerating trend toward bureaucratic fascism in the United States and other Westernized countries.
The combination of unjust laws and regulations restricting the freedom to make simple choices about the foods one eats and the medicines one uses combined with an overzealous and frequently aggressive government bureaucracy has made it increasingly difficult for normal, tax paying, law abiding citizens to experience life, liberty and the pursuit of happiness as they see fit as promised by the Declaration of Independence and protected by the Constitution of the United States.
In New Jersey last week, a jury decided enough was enough. In a shocking 12-0 decision to acquit, the jury flexed its muscle and upended the state based marijuana laws which it interpreted as unjust as a result of the prosecution miserably failing to prove its case against Ed Forchion, aka NJWEEDMAN.
Mr. Forchion has been fighting New Jersey laws criminalizing marijuana for over 15 years claiming that he uses it medicinally. He faced a mandatory minimum of three years in jail and a $25,000 fine for distribution if the jury sided with the prosecution’s claim that the pound of pot and $2,000 cash found in his car were indicative that he was in the business of selling marijuana and not just using it personally.
Certainly, the number of joints Mr. Forchion could roll with a pound of pot seemed excessive for personal use alone – over 6,000! But, the jury did not see it that way.
Instead they chose unanimously to let NJWEEDMAN walk free. At the same time, these 12 intrepid souls trumpeted the rise of jury nullification – acquittal because a law is deemed unjust – amid a population increasingly weary of criminalizing common citizens for making personal choices about the food and medicines they choose to use.
Make no mistake. This case is not about legalizing marijuana. It is about a people that are fed up and drawing the line with an ever encroaching Nanny State.
More Jury Muscle Flexing: Farmer Acquitted For Delivering Raw Milk
In another important case of jury nullification in the state of Minnesota last month, 6 jurors ruled against the Minnesota Department of Agriculture (MDA) and in favor of Alvin Schlangen, the farmer coordinator of the Freedom Farms Co-op. The MDA confiscated the raw milk and other farm foods Mr. Schlangen was delivering to other co-op members in March 2011 and charged him with selling raw milk which was not on the farm’s premises (raw milk is legal for sale at the farm in Minnesota), handling farm food without the proper permit, and knowingly distributing “adulterated” dairy products.
According to USA Today, Schlangen argued that he’s doing nothing wrong because members of his co-op lease the animals that provide the raw milk, so there’s no purchase or sale. He also said his club is a new design of a food system that “allows the consumer. . . to be involved in the quality of the food they’re getting, and not just settle for what’s there on the shelf.”
Amen Alvin.
6 jurors agreed and chose to find Alvin Schlangen not guilty of the three misdemeanor counts in the heavily anti-food choice state of Minnesota.
These two important cases in the span of a few short weeks in completely different areas of the country show that the trend toward jury nullification is clearly on the rise and not a moment too soon!
As news of the success of these cases spreads rapidly via social media and other alternative news outlets, an increasing number of ordinary, freedom loving citizens will become emboldened to rise up against the tyranny of an overly powerful executive brand of government that is squashing individual initiative as demonstrated by the likes of Mr. Schlangen and the personal choices of individuals such as NJWEEDMAN.
Could it be that the plain, unassuming envelope which periodically arrives in the mail notifying citizens of an upcoming date for jury duty actually signifies a contribution to the preservation of freedom in the United States to an even greater degree than the voting booths many will visit next month?
Sarah, The Healthy Home Economist
Source: Jury Upends Marijuana Law, NJWEEDMAN Walks Free
Now if only the states would remember that they, too, are allowed the tool of nullification against unconstitutional federal laws and mandates… Keep your state budgets trimmed and be prepared to forgo federal handouts.
Cheers, Sarah! Yours is one of the most relevant blogs on the interwebz. Thanks for another important post.
My understanding of history and the political process is different than yours.
The bad guys are corporations – Big Pharma and food corporations. They make billions from for-profit medicine and pseudo food.
Then they use their war chests to buy the government. Monsanto and Bovine growth hormone and GMOs have been protected every step of the way because Monsanto owns congress critters. Vaccines are protected from lawsuits. Fracking cannot be sued in Pennsylvania. This is what ownership of government gets ya.
There are @100 lobbyists for every congress critter. And campaign contributions. And gifts and junkets.
Those bad laws did not come from “the government”. They came from ALEC and other corporate interference.
If we want the government to support us, we have to elect people who are not corporate lackeys. I refuse to vote for anyone who is a member of ALEC, or who schmoozes with corporate fundraisers. I vote for people who support people – and corporations are NOT people.
You can scrutinize political candidates ’til the cows come home, but you have no way to ensure that their votes don’t get bought. You’re right; criminal corporations buy the legislative process, get laws written to protect their market share, and pay for votes to pass those laws. Then they get their peeps appointed to key positions (e.g. former Monsanto exec as Obama’s FDA chief) to “enforce” those laws. What can We the People do to protect our rights against that kind of political machinations? JURY NULLIFICATION is one of the few areas in which we can fight back.
The courts are VERY worried about this phenomenon. I know of at least one case where the chief judge of a circuit ordered the arrest of anyone handing out FIJA materials outside the courthouse. The somewhat ironic charge: jury tampering. That’s rich, coming from a system that goes out of its way to keep the jury from having all the information it needs to make an intelligent decision!
Yoohoo! This really gives me hope! Thanks for the good news.
Yes. The government should spend more money & energy chasing really criminals (like themselves)!
You mentioned the FDA protecting us from adulterated food. But they don’t protect us from adulterated olive oil.
Jane, they do not protect us from anything. A former head of the FDA, David Kessler, said that their job was to protect corporate profits, not the safety of the American people.
He tried to change that, but he has been out of office for a long time.
Awesome post, Sarah! I’m 26 years old and I frequently wonder how this country has gotten to the place it has. Over 100 years bouncing between the Republicrat parties and things still steadily decline. I mean, really…there are only so many laws our government can make before they start getting into nitty-gritty details of people’s behavior and once they get into the nitty-gritty details, they have to watch you at that level of detail as well so they can catch people breaking those laws. I truly believe that humanity deserves and needs to live in ultimate freedom. We need the freedom to make whatever choices we want without infringing on others’ rights. The next four years are going to be very important no matter who wins this sham of an election.
Amen Brooke!!!
“The next four years are going to be very important no matter who wins this sham of an election.” – WELL SAID!
@ Brooke: [quoting you]: ” I truly believe that humanity deserves and needs to live in ultimate freedom. We need the freedom to make whatever choices we want without infringing on others’ rights.”[end quote]
Yeah, that’s what the Native American’s thought 250 years ago, too, and look what happened to them. Our gubment writes words on paper and immediately forgets them. The treaties they made with the Native’s didn’t mean a thing to them when they were written because our gubment never intended to carry through and keep their word. Liars right from the start. We have an ex-president and Veep who should both be in jail (along with a number of their other cohorts in crime) but we don’t bother with that. The European nation is taking a very hard, long look at it, however. That speaks volumes about the corrosion in this country. Money talks now (where trinkets used to work with the Natives), there’s just no way around it.
This country is in bigger trouble than losing a few food rights, although the guy from NJ who won the pot battle was able to get some justice so that’s a little bit enlightening. We have 40 miles of bad road to go, though. It’s not going to be easy and it’s going to take brave jurors and fights in the street before it’s all said and done, I’m afraid.
D, I agree that we’re facing major trouble, but I do think that the food rights issue is key not only because it’s a non-partisan issue (everyone eats and everyone should have the right to access wholesome food of their choice) but because the big food companies, pharmaceutical companies and chemical companies are now one and the same. They have merged into corporate mega-giants that wield huge leverage on politicians, governmental agencies and legislative bodies everywhere. Any victory on this front, such as Alvin’s discussed above, is a big deal.
You are awesome!
A jury doing what is right may be the last protection for our liberties, which our under attack. Jurors have the power to vote “Not Guilty”..Even one just juror can make a huge difference.
Ultimately, wise and courageous jurors might be our greatest heroes.