Pubdate: Fri, 25 Aug 2000
Source: Courier-Journal, The (KY)
Copyright: 2000 The Courier-Journal
Contact:  PO Box 740031, Louisville, Ky., 40201-7431
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Author: Steve Bailey, Associated Press

JURORS CLEAR ACTOR IN POT CASE

Harrelson Tried To Have Hemp Declared Legal

BEATTYVILLE, Ky. -- A Lee County jury acquitted actor Woody Harrelson on a 
misdemeanor charge of marijuana possession yesterday, ending his four-year 
court battle to get the state to differentiate between hemp and marijuana.

The six-member jury deliberated about 25 minutes yesterday before returning 
with its verdict.

Harrelson, who spent much of the day signing hundreds of autographs, could 
have been sentenced to a year in jail and fined $500 if convicted.

"I had the opportunity to talk to some of the jurors afterward, and, 
regardless of what the Supreme Court says and regardless of what the 
legislators say, those people don't think it's right that someone should go 
to jail for growing industrial hemp," Harrelson said. "To me, they're 
sending out a very strong message."

He planted four hemp seeds in 1996, knowing he would be arrested, so he 
could challenge the law outlawing possession of any part of the cannabis plant.

Through three courts, he had argued that the statute is unconstitutional 
because it does not distinguish between marijuana and hemp. Hemp contains 
only minute amounts of the narcotic substance that makes marijuana smokers 
high, tetra-hydro-canna-binol (THC).

The Kentucky Supreme Court ruled in March that there is no difference 
between hemp and its narcotic cousin, and it declared that Harrelson had to 
return to Lee District Court for trial.

Harrelson, 39, starred in the films "Natural Born Killers" and "The People 
vs. Larry Flynt" but is best known to many for his bartending role in the 
'80s television series "Cheers."

"I honestly didn't know which way it was going to go, and I was very 
nervous," he said. "When they said, 'Not guilty,' I actually cried a little 
bit. . . .

"I was afraid. There was a very real possibility of going to jail. 
Technically, I guess I violated the law, according to what the Supreme 
Court said."

Former Gov. Louie Nunn, who was on Harrelson's defense team, said he had 
expected the verdict.

"Now it's time to start promoting the growth of hemp so we can have a great 
economic future in Kentucky," Nunn said. "We need to educate people about 
the distinction between marijuana and hemp.

"We're already losing tobacco and farmers are suffering, and this would be 
an alternative crop."

Each side called several witnesses, and the jurors were shown a videotape 
of Harrelson planting the seeds June 1, 1996.

Lee County Attorney Tom Jones asked the jury during closing arguments to 
fine Harrelson the maximum $500 and give him at least 30 days in jail.

"He created this whole mess himself," Jones said. "He came here to break 
the law. There's no question about that.

"He's got this coming. He misused his fame."

Juror Sylvia Caldwell said there was no doubt in her mind that Harrelson 
was innocent.

"The state just didn't have any proof," she said. "Even on the videotape, 
we couldn't tell if anything was planted."

Hemp was once one of the state's leading crops. In the 1800s it was used to 
make rope and sails, but anti-drug laws, the availability of other fibers 
and the Marijuana Tax Act of 1937 wiped out production in this country.
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