The state law under which Rick and I were prosecuted has since been modified by a voter initiative last fall removing all criminal penalties, and setting a $100 civil fine, for the possession of up to one ounce of pot in Massachusetts. Nonetheless, it would be great if we could convince the court of appeals that the private use of marijuana in Massachusetts, as it is in Alaska, is constitutionally protected conduct.
[Update: check out the recording - a little tough to hear at times, but great interviews with Miss New Jersey 2006 Georgine DiMaria, High Times Cultivation Editor Danny Danko, rap star Styles P, MMA fighting champion Toby Grear, NORML founder Keith Stroup, a new activist patient named Lori, NORML New Jersey's Chris Goldstein, and live audio from 4:20 at Boston Freedom Rally. -- "R"R]
This weekend NORML SHOW LIVE comes to you direct from Boston, Massachusetts, for the twentieth annual Boston Freedom Rally. The live stream begins at the special time of Noon PT / 3pm ET (since Freedom Rally only runs Noon to 6pm ET) and continues for two hours.
You can listen to the show live three ways (and no, regular terrestrial or satellite radio is not one of those ways… yet):
Point your web browser to http://live.norml.org and follow the links to Show 003. (Or use the link on the powder-blue BlogTalkRadio player you see there on the right…)
Point your mobile phone’s browser to http://m.blogtalkradio.com/norml. Click the link at the bottom of the page for Shows and Blogs. Click the link for Show 003.
Call 347-994-1810 on your mobile phone. (”347″ is a New York area code, so long distance charges, if any, would apply. Probably only an option if you’ve got unlimited minutes and free domestic long distance.)
The show will also be archived about one hour following the live broadcast. You’ll be able to hear it all week on the embedded player to the right or by subscribing to it as a podcast on iTunes. (The live show should be available at 6pm Pacific and should stay on this page until Thursday. Click the “play” button to begin.) You can listen to last weekend’s show up until showtime.
We’re also taking your calls at the bottom of each hour. Dial 347-994-1810 to listen in on your phone and press 1 at any time if you’d like to speak to the host or guests. Your call will be screened and we remind you to have a question ready, keep it short and to the point, and avoid profanity (we’re not FCC regulated on the net, but if we want to take this to terrestrial radio, we need to act like it.)
The defendants had previously filed a Motion to Dismiss, along with an extensive supportive affidavit from Lester Grinspoon, M.D., requesting a full evidentiary hearing where we would proffer testimony that would support our position that there is no longer a rational basis for the Commonwealth of Massachusetts to criminalize the personal use of marijuana by adults. It has been 29 years since the Massachusetts courts last made a comprehensive constitutional review of their marijuana laws, and a lot of new scientific evidence is now know about marijuana, and it is important for the courts to take another look at this matter. More than 7,300 marijuana smokers were arrested in the last year in Massachusetts, causing significant harm to the lives and careers of those individuals. More after the jump…
When the court clerk finally called our case, the judge almost immediately called the attorneys to a bench conference, where he quickly indicated he would not have the time to hold this evidentiary hearing, but that he would refer the case to another judge in another courtroom, and we would have our evidentiary hearing that very day.
Attorney Matt Feinberg; law student Brendan Hickey; Co-Defendant Rick Cusick; Lester Grinspoon, M.D.; Co-Defendant Keith Stroup; Professor Charles Nesson; and Keith Saunders, Ph.D.
We had actually filed a motion to dismiss the case, based on our allegation that the marijuana laws are unconstitutional, and we had requested a full evidentiary hearing where we could call a number of witnesses to make our case. We had expected that the 30-page affidavit from Lester Grinspoon, M.D., would be sufficient to convince a judge to schedule an evidentiary hearing in 30 or 45 days. We were certainly not anticipating holding a hearing that very day, nor would we expect the government would be ready to hold such a hearing without some time to prepare their case.
On Saturday, September 15, 2007, NORML Founder Keith Stroup and High Times associate publisher Rick Cusick were arrested for smoking a joint at the 18th annual Boston Freedom Rally on the Boston Common. This is an event held each year to protest the continued arrest of responsible cannabis consumers in that state, and depending on the weather, it attracts from 15,000 to 50,000 supporters to the Common.
Keith and Rick have candidly acknowledged that they were sharing a joint, but they have pled not guilty and announced their intentions to challenge the constitutionality of the Massachusetts marijuana laws, and to argue for a jury instruction informing the jurors of their common law power to refuse to convict an individual, if they do not believe the offense should be a criminal matter. This long-held power of jurors is generally called jury nullification.
