Rebel(s) of the Week: Doug Darrell and the Jury that Nullified His NH Felony Pot Charges
September 19th, 2012
Jury nullification is a lesser-known right of a jury to declare a defendant not guilty due to finding the original law unjust, even if the facts of the case demonstrate that the defendant did commit the act or acts in question. In many states, judges will tell juries otherwise and disallow defense attorneys from stating this right to jurors. Also, jurors who might nullify a law are sometimes quizzed to that effect and thrown out during the pre-trial phase.
However, New Hampshire passed HB 146 on June 18 of this year, which allows juries to be instructed of their right to nullify cases of defendants who are found guilty of unjust laws. Meanwhile, Doug Darrell, a 59-year old Rastafarian family man married four decades with four children, was arrested when marijuana plants were noticed in his yard via helicopter fly-by. Though he was growing the marijuana for personal and religious use on his own property, the state charged him with felony cultivation. Rather than take a plea bargain, he stood his ground in court, arguing it was a religious right.
Public Support for Marijuana Prohibition Waned As Doug Faced Years in Prison
Countless polls demonstrate that public support for the criminalization of marijuana has reached all-time lows. Many states have already passed bills legalizing medical marijuana, and others still are considering outright legalization. Despite this, some states still treat marijuana possession as a crime on par with theft and violence.
As it happens, NH’s passage of a jury nullification law opened a new door through which marijuana decriminalization could be pursued. Doug Darrell’s heroic refusal to take a plea put him at serious risk of facing years in prison. However, marijuana is a known part of the Rastafarian religious experience, and he decided to stand on principle and enforce his religious rights.
The Courageous Jury Refused to Convict
Whether or not Doug Darrell had the marijuana plants in question was not up for debate. He definitely had them. His argument was that he shouldn’t be facing criminal charges for this. Due to the new NH law, his attorney was allowed to instruct the jury that they could nullify the charges.
Led by Free State Project and nullification MVP Cathleen Converse, Doug Darrell’s peer-jury shut down the state’s case. Free Talk Live talked in-depth with Converse about her experience on the jury. Opposing Views pulled the following quote from Converse’s discussion on the radio show, “Many of us wondered what kind of precedent this would set. But after chewing on all of the possibilities and re-reading the definition of nullification, we all decided that the only fair thing to do was to vote with our consciences and acquit the defendant of all charges.”
Given that humans are born with a natural right to make their own health decisions, America took bold giant steps toward freedom thanks to a handful of people who stood their ground and refused to rubber stamp an unjust conviction. Doug Darrell also could have taken the easy way out and secured a less-risky plea deal. For standing up for freedom, Doug Darrell, and the jury that acquitted him, are this week’s Rebels of the Week.
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