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InvisibleveggieM

Registered: 07/25/04
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[MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, faces life *Update* * 1
    #14212724 - 03/30/11 11:57 PM (12 years, 9 months ago)

Missoula jury convicts man for sharing 3 grams of medical marijuana
March 30, 2011 - missoulian.com

As Montana lawmakers debated the fallout of Montana's medical marijuana law Wednesday, some of the same points were playing out in a Missoula County courtroom.

There, an eight-woman, four-man jury found Matthew Otto, 27, guilty of a single charge of criminal distribution of dangerous drugs - in this case, 3 grams (well under an ounce) of marijuana. Otto faces a maximum penalty of life in prison and a $50,000 fine.

Otto stood accused of sharing a bowl of his medical marijuana with two friends in a car traveling down Reserve Street, where the trio passed a Missoula County Sheriff's detective on his way home from work last November.

As Otto's trial began Wednesday, Public Defender Chris Daly told potential jurors that "a central issue to today's case (involves) views of medical marijuana."

***

Daly summed up the case against Otto as nothing more than "a puff of smoke."

"Keep in mind that this is not benign smoke," Deputy Missoula County Attorney Andrew Paul said in response. "It's marijuana smoke.

"It's still controlled, people," he said. "It's not just free-form. It has not been legalized." (The last medical marijuana reform bill stalled in the Montana Senate, and the chamber will focus on repealing the law.)

That jurors might have some qualms about the issue came up almost immediately during jury selection.

Both Paul and Daly questioned potential jurors closely as to their experiences with and attitudes toward marijuana - medical and otherwise. Roughly half the 24 people from whom the eventual jury was chosen raised their hands in response to a question as to whether they'd smoked marijuana. While none had medical marijuana cards, five had family members with "green" cards.

One young man said that "I honestly think the war on marijuana is the stupidest waste of money."

Who else, Paul wondered, felt that way? Four people raised their hands.

"You're aware that it's a controlled substance," Paul said.

"Oh, yeah," a man responded.

But one woman said that "I don't go along with it being able to be sold legally. ... I think that some of it is being abused."

She and the man who complained about the drug war were excused, as was a man who said that a truthful answer about marijuana use on a job application had cost him the position. However, another young woman who said she'd pleaded guilty 10 years earlier to pot possession ended up on the jury.

***

"This is a simple case," Paul told jurors in his opening case.

Testimony from the two people with Otto that day made it murkier.

Samantha and Jordan Lambert, who was driving the car, originally told Missoula County Sheriff's Detective Jon Gunter that they'd gotten the marijuana from Otto, according to court papers. Wednesday, they testified they didn't remember who lit the bowl or where the marijuana in it came from.

Daly repeatedly pointed out that neither of the Lamberts was charged with possessing or distributing marijuana, even though the bowl was shared among the trio.

"The detective told me if I was honest with him about taking a hit off the pipe, I would not be in trouble," Jordan Lambert testified.

Gunter testified that as a narcotics investigator, he felt it was more important to home in on the source of the drug.

Sheriff's Deputy Bill Burt, who questioned Otto while Gunter was talking with the Lamberts, videotaped that encounter.

On the tape, Otto told Burt that he had a medical marijuana card and that he used cannabis for back and knee pain.

"I've got all kinds of pain from carrying all this equipment," Burt replied. "... My point is, you're doing it for the recreation."

The point, Paul said after the trial, was that Otto's legal marijuana became illegal the minute he gave it to someone else.

District Court Judge Dusty Deschamps had reminded jurors as they began 3 1/2 hours of deliberations that marijuana is classified as a dangerous drug and that the amount of marijuana is immaterial.

"I'm glad the jurors followed the law," Paul said.

Otto said he thought the Lamberts' testimony would sway the verdict in favor of acquittal. "I was sweating the whole time," he said. "I was really surprised."

Any case involving small amounts of marijuana makes prosecutors nervous about a jury's verdict, Paul said. Earlier this year, so many potential jurors raised questions in a case that also involved a small amount of pot that Deschamps called a recess, during which the case was settled.

But Wednesday's trial "was not about medical marijuana," Gunter said. "This was about an individual who gave an illegal drug to another individual and had no right to do so."

Deschamps set sentencing for Otto for May 3.


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Offlinethelivingfreekshow
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: veggie]
    #14212736 - 03/31/11 12:02 AM (12 years, 9 months ago)

The U.S. Justice system rapes again.


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Invisiblebryguy27007
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: thelivingfreekshow] * 2
    #14212786 - 03/31/11 12:22 AM (12 years, 9 months ago)

I cannot believe this is happening.


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Offlinehighc
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: bryguy27007]
    #14213007 - 03/31/11 01:27 AM (12 years, 9 months ago)

WTF!!!!! This is what is wrong with America.


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InvisibleDer Meister
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: highc]
    #14213036 - 03/31/11 01:39 AM (12 years, 9 months ago)

:congrats: thank god taxpayers money is being well spent :rolleyes:....


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Invisible5-HT2A
Registered: 01/30/10 Happy 14th Shroomiversary!
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: Der Meister] * 1
    #14213130 - 03/31/11 02:30 AM (12 years, 9 months ago)

If only I could spit that far.


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Invisibledwpineal
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: 5-HT2A] * 2
    #14213455 - 03/31/11 05:53 AM (12 years, 9 months ago)

So disappointed in that jury, they don't realize they have the power to start the change from within. Jury Nullification!


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Offlineshopdropper
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: dwpineal]
    #14213499 - 03/31/11 06:16 AM (12 years, 9 months ago)

Wow that is really fucked up! No way he gets life, if he gets anything more than 1-2 yrs, I'M hangin it up.


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OfflineInvaderShroom
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: shopdropper]
    #14214217 - 03/31/11 10:52 AM (12 years, 9 months ago)

:freshwtf: seriously. why. what if he had a kid(s) too. that would make this 10x more ridiculous than it already is.life? really? wtfwtfwtf I'm sorry but i have to say this, US government,go fuck yourself.


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InvisibleCyclohexylamine
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: InvaderShroom]
    #14214244 - 03/31/11 10:57 AM (12 years, 9 months ago)

I understand the jury selection process is supposed to make impartial juries.
But by getting rid of anyone with any knowledge of marijuana
you essentially just have idiots on it.
Who are going to go by what they have heard.

Like my parents.
Before I started educating them on drugs.


--------------------
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OfflineAjaxx
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: Cyclohexylamine]
    #14214661 - 03/31/11 12:42 PM (12 years, 9 months ago)

too bad the jury was full of dipshits.

this would have been a great case for jury nullification...


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OfflineJoolz
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: Cyclohexylamine]
    #14214677 - 03/31/11 12:45 PM (12 years, 9 months ago)

This just takes the cake.


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Prohibition didn't work for God; Eve ate the fruit.


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Offlineshr
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: veggie]
    #14214722 - 03/31/11 12:56 PM (12 years, 9 months ago)

why do i live here


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OfflineShroomerette
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: shr]
    #14214750 - 03/31/11 01:01 PM (12 years, 9 months ago)

I'm pretty confuse about why he is up for life in prison here? Did I miss the reason in the article.


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Leaving the shroomery forever


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Invisibledwpineal
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: Shroomerette]
    #14214921 - 03/31/11 01:40 PM (12 years, 9 months ago)

Sharing = Distribution = Trafficking

Totally ridiculous


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Offlinemakaveli8x8
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: Shroomerette]
    #14214930 - 03/31/11 01:42 PM (12 years, 9 months ago)

think it has something to do with given a illegal narcotic to someone and then ontop of that its like sharing a prescription with someone so i think he's getting hit with multiple things here

oh and they were all in a car driving at the time too, so the guy was really really stupid


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Offlinerealfuzzhead
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: makaveli8x8]
    #14216082 - 03/31/11 05:36 PM (12 years, 9 months ago)

WHAT THE JURORS ARE NOT BEING TOLD

It costs over 40,000$ a year to keep someone in jail, he's 27. Conservatively he's got 34-50 years left.

Everyone complains when they lay off teachers but they dont even realize we spend almost as much to pay for 1 person 1 year in prison as we pay a teachers salary for a year

:sad:


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OfflineRemix
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: realfuzzhead]
    #14216180 - 03/31/11 05:50 PM (12 years, 9 months ago)

Quote:

realfuzzhead said:
WHAT THE JURORS ARE NOT BEING TOLD

It costs over 40,000$ a year to keep someone in jail, he's 27. Conservatively he's got 34-50 years left.

Everyone complains when they lay off teachers but they dont even realize we spend almost as much to pay for 1 person 1 year in prison as we pay a teachers salary for a year

:sad:





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Invisibleopenmind
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: veggie]
    #14217041 - 03/31/11 08:14 PM (12 years, 9 months ago)

:sad: :nonono:





This sorta shit really gets me :mad2:




.


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Invisiblecatboosh
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Re: [MT] Missoula jury convicts man for sharing 3 grams of medical marijuana, face life in prison [Re: openmind]
    #14218537 - 04/01/11 01:30 AM (12 years, 9 months ago)

its sad how the criminal justice system works.

especially once you enter it, its hard to get out.

sometimes it snowballs and you get hardtime.


its not the life


--------------------


"Reality is a juxtaposition of beauty and bullshit, sometimes you gotta wade through the bullshit to see the beauty, and the other times the beauty you see is just full of shit."


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