December, 2010 – A Missoula jury of 12 people in State District Court acquitted a man accused of marijuana possession and distribution in a clear case of jury nullification. Jury Nullification is where a jury intentionally disregards the law and makes their own justice, usually on moral principals. In this case, the jury actually told the judge that they were upset that tax dollars were being spent on a trial over a minimal amount of marijuana.
They returned a not guilty verdict on a possession charge. They were so upset at the charges that they did not even have to decide the distribution charge. This recent case is a clear message to the prosecutors of Montana, that juries do not want their time wasted on marijuana crimes when the State has legalized possession and distribution of marijuana to people with medical cards, and apparently even to those that do not. This is a victory to the criminal defense bar, and it may mean a change in the prosecution tactics in Missoula County and possibly the entire state.
If you have questions about Montana drug laws, give our office a call – (406) 721-3354 or email us at firstname.lastname@example.org
Marty is a former criminal prosecutor in the Cascade County Attorney’s Office and now uses that experience to defend those accused of crimes. A University of Montana School of Law graduate, Marty focuses his practice on personal injury and criminal defense and is a premier DUI defense attorney. He is also well versed in the insurance claims industry and has negotiated significant settlements with nearly every major insurance company.