It was almost jury nullification, but not quite. Jason Andrews is a California Medical Marijuana dispensary owner who provides free cannabis to terminally ill patients, and for the past two years he has been facing state charges on Sales and Trafficking of Marijuana, in a state where medical marijuana is legal.
Andrews even has all of the required government licensing, and complies with all of the regulations, his operation is 100% legal.
Earlier this year his case was to be decided in court, and things really weren’t looking good for him.
Luckily, there was one juror who was informed about the power of jury nullification, and tried his best to convince the jury to rule in favor of the defense, seeing that the charges against Andrews were not only unjust, but also illegal, even according the state.
The other jurors would not comply, but juror 101 stood his ground and refused to allow the rest of the jury to put Andrews away.
Ultimately, the deliberation came to a stalemate and a hung jury resulted in a mistrial for Jason Andrews.
When Juror 101 got home from court he blogged about his experience, saying “always do your jury duty, you might have a chance to save a fellow citizen from a faulty charge and a lazy, zombie jury…. I did!! ayayayayayyayeeeeeee!”
At first Andrews was relieved, until his lawyer asked for more money and informed him that the court had scheduled a retrial in which he would be forced to face his charges all over again.
At first glance it would seem that this second trial is a violation of the double jeopardy law, which prevents courts from charging people for the same crime twice.
However, Andrews was informed that the double jeopardy law does not apply to hung jury mistrials in the state of California. For him to be cleared of the charges, it would have to be a not guilty verdict or a case of full jury nullification, with all jurors in agreement.
Read the full article at theintelhub.com