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Pot Distribution Law Declared Unconstitutional

LAS VEGAS (AP) — In a decision destined for appeal to the Nevada Supreme Court, a state court judge has ruled the state’s medical marijuana distribution law is unconstitutional.

At the same time Friday, Clark County District Judge Donald Mosley dismissed drug trafficking charges against two men who operated a storefront pot dispensary in Las Vegas.

The Las Vegas Review-Journal reports (http://bit.ly/yxAW89 ) that in his order, Mosley concluded the law frustrates the intent of a voter-approved state constitutional amendment by failing to clear the way for a patient to legally obtain marijuana.

Prosecutors did not return a phone call seeking comment.

Mosley threw out charges Sept. 12 against the same two men, Sin City Co-Op owners Nathan Hamilton and Leonard Schwingdorf, but prosecutors obtained new indictments against them two days later.

© Copyright 2012 The Associated Press. All Rights Reserved.
This material may not be published, broadcast, rewritten or redistributed.
  • malcolm kyle

    Prohibition is overwhelmingly responsible for an immense increase in organized crime, international terrorism, rampant official corruption, a broken economy, mass unemployment and a serious undermining of international security and development.

    Corporate greed and individual bigotry have accelerated us towards a situation where all the usual peaceful and democratic methods, which can usually be employed to reverse such acute damage, no longer function as our founders intended. Such a political impasse coupled with our great economic tribulation is precisely that which throughout history has often ignited extreme social upheaval and violent revolution.

    “To function as the founders intended, our republic requires that the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.”
    – Thomas Jefferson, in a letter to William Stephens Smith, November 13, 1787

    Fortunately we are left with one last peaceful avenue for change – Jury Nullification.

    Jury Nullification is a constitutional doctrine that allows juries to acquit defendants who are technically guilty but do not deserve punishment. – All non-violent ‘drug offenders’ who are not selling to children – be they users, dealers or importers – clearly belong in this category.

    If you sincerely believe that prohibition is a dangerous and counter-productive policy then you must stop helping to enforce it. When it comes to acquittals, you, the juror, have the very last word!

    * It only takes one juror to prevent a guilty verdict.
    * You are not lawfully required to disclose your voting intention before taking your seat on a jury.
    * You are also not required to give a reason to the other jurors for your position when voting – just simply state you find the accused not guilty.
    * Jurors must understand that it is their opinion, their vote. If the Judge and the other jurors disapprove, too bad. There is no punishment for having a dissenting opinion.

    We must create what we can no longer afford to wait for – PLEASE VOTE TO ACQUIT!

    • Luciano DeLucia

      Malcom – I wanted to invite you to sign the petition I posted below.

  • Luciano DeLucia

    If you support safe access for NV patients please sign & share this petition: http://www.change.org/petitions/the-governor-of-nv-provide-safe-access-for-patients-per-the-nevada-constitution

    The lawmakers had a chance to clarify the laws on this last session and for the last 10 years but they have not. Please support doctor and patient rights.

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