Pubdate: Mon, 20 Aug 2001
Source: WorldNetDaily (US Web)
Copyright: 2001, Inc.
Author: Steve Kubby
Note: Steve Kubby is the founder of The American Medical Marijuana 
Association and played a key role in the passage of California's Prop. 215, 
the statewide initiative legalizing medical use of cannabis.
Cited: Kubby's website
The American Medical Marijuana Association
Bookmarks: (Cannabis - Medicinal) (Kubby, Steve)


I receive several requests a week from defendants who suddenly find 
themselves forced to defend their lives, their right to use medical 
cannabis and even the Bill of Rights. This advice is intended to help 
medical cannabis patients defend themselves against a predatory criminal 
justice system that judges them guilty, until proved innocent.

Here are the key concepts you must master to win:

Non-cooperation with tyranny is a duty: America was founded on the premise 
that we have inalienable rights that cannot be separated from us by any law 
or government. The drug war is unconstitutional, immoral and no longer 
supported by voters or juries. Your non-cooperation with this corrupt war 
on American citizens is the surest way our Constitution and Bill of Rights 
can be restored.

Nonviolence: We don't want to kill our enemies, only expose their lies and 
their greed for power over others. Any form of anger on your part must be 
left at the door, or it will make you no better than your adversaries and 
bring failure to your efforts. Only when others sense your commitment to 
the high road, will the justice you seek become possible. Those who 
attended my trial saw that I always wore a suit and showed respect. I even 
held doors open for my prosecutors, so they could push in their huge cart 
filled with 4,000 pages of lies against me. My polite behavior only made 
their accusations look more wild and ridiculous.

Use the media: Most courts will not allow you to tell your story and you 
must depend upon the media to get the truth out. Focus on winning in the 
court of public opinion and your victory with the jury will be assured.

Never plea bargain: This is a slippery slope. It might look like a great 
idea to begin with, but in the end, you lose, every day for the rest of 
your life. You won't get what you were promised, and you'll only endanger 
others by cooperating with government terrorists.

Go all out on the preliminary hearing: Winning your preliminary hearing 
means the judge will dismiss the case and your troubles are over. Most 
defense attorneys will advise you to do little in your preliminary hearing, 
so they can see what the prosecution's case is about and then prepare a 
defense. That is definitely the wrong tactic in a bona fide medical 
marijuana case. You want an attorney who will fight with everything you 
have to win your case in the prelim, regardless of the costs or time 
involved. Top medical marijuana attorney J. David Nick once took a prelim 
on for 18 months, until the prosecutor gave up in desperation.

Insist on a jury trial: Less than 3 percent of defendants exercise their 
right to a jury trial and yet the court system is in near gridlock. 
Refusing to cooperate and demanding a trial places a significant load on 
the criminal justice system and is the surest way to end this phony drug 
war. Nearly all medical marijuana trials end in acquittals or hung juries, 
so take your case directly to your fellow citizens and trust them to see 
through the prosecutor's lies.

Target policy makers: Ignore the police and prosecutors and target their 
superiors. It is sheriffs and district attorneys who are the generals in 
the drug war and they are the ones who are responsible for your current 
grief. Organize a recall election against your DA. Your recall will 
probably fail miserably, but your DA will back off prosecuting other 
medical cannabis patients, once you put a little heat to their feet.

Seek civil and criminal penalties: Use the courts and your local grand jury 
to obtain indictments and convictions against rogue officials, since this 
is the only thing sheriffs, police chiefs and district attorneys understand 
or respect. Never forget what was done to you until every rogue sheriff, 
district attorney, police chief, and judge has been brought to justice. We 
owe it to all who have died and suffered horribly in this war to dedicate 
the rest of our lives to bringing these drug war criminals to justice.

Refuse probation: Probation is no different than plea bargaining, because 
you are trading away your rights for a deal that will never work in your 
favor. You are better off to take jail over probation, because probation 
nearly always leads to further violations and trouble with the law.

Document abuses: It's your job to document and prove abuse. Sooner or 
later, a reform-minded administration will be elected and they will want to 
investigate your charges and seek justice.

You are now a professional defendant. Your life will be your trial. Do what 
you can to survive and remain true to the belief that you are innocent. A 
law was passed five years ago that gives you the right to use, grow and 
possess this medicine. Don't be afraid to stand up for what you believe.

Good luck and remember to focus on the positive.
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MAP posted-by: Terry Liittschwager