Jury Nullification Cited as Reason Not to Charge State Rep for Buying Cannabis

Rick Naya, NH Hempfest Organizer and Joe Lachance

Rick Naya, NH Hempfest Organizer and State Rep Joe Lachance

The Attorney General’s office in New Hampshire has released a report regarding their investigation of claims that former state representative Kyle Tasker had sold cannabis at the NH state house in Concord, to other state representatives. Several liberty-oriented state reps including Amanda Bouldin, Joe Lachance, Pam Tucker, Ted Wright, and the late Shem Kellogg were all investigated by the AG’s office but none will be charged.

The report details the investigations of each state rep and though they believed they had a case for “dry conspiracy” charges against both former-cop-turned-LEAP speaker Lachance and Tasker, they used their discretion and decided not to charge them. The report specifically cites jury nullification when giving their explanation as to why they aren’t charging Lachance – that’s great news for activists who’ve been doing jury nullification outreach here in the Shire for years.

Jury nullification is the long-held right of jurors to vote their conscience, regardless of what the law says and the facts in the case are. Though Lachance clearly broke the law, each juror has the right to acquit simply because they believe the law is bad. It’s a powerful right and courts around the country as well as the federal courts will do everything they can to keep jurors from knowing about it. However, here in New Hampshire is established court precedent that not only can jury nullification information be given to jurors outside the court, but even defendants and attorneys can explain nullification during trial!

NH Jury Logo

NH Jury Rights

The NH attorney general doesn’t like jury nullification, as it’s a threat to their power. They appear however to have realized that the changing political tides regarding cannabis legalization plus jurors’ awareness of nullification would likely mean they were wasting their time prosecuting Lachance. They also say in the report that a jury would likely reject “dry conspiracy” charges for Tasker as well (who is facing various felonies for other victimless crimes) and say his other charges will suffice to, “hold him accountable for his drug crimes”. Of course, there are no victims in those “drug crimes” which include possession and sale of cannabis, MDMA, and mushrooms and so Tasker should also not be charged with them, and neither should anyone else.

That’s really the question here – if the NH AG acknowledges that cannabis charges are likely to not pass a jury due to nullification, then why don’t they treat every person caught with cannabis the same way they did the state reps? The reason is they know most people will quietly take a plea deal and further, if they don’t take the deal, they can drop the charge to a class B misdemeanor which means the defendant can’t get a jury trial, virtually guaranteeing a guilty verdict and hundreds of dollars (per victim) flowing to the state’s coffers. Cannabis prohibition means big money for the state gang, so they’ll keep charging the little people until the law is changed. Hopefully that will happen in 2017 if the new governor doesn’t stand in the way, whoever it ends up being.

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29 Comments

  1. Tasker tried to lure a minor for sex.  How is that a “victimless crime”?  He is no longer a state representative. None of this has anything to do with jury nullification. Freekeeners are really grasping at straws. If Tasker was selling drugs at the capitol, he deserves to go to jail. Since he propositioned a child for sex, the consequences of that are a lot worse then a drug charge.

  2. You see Ian Bernard and Kyle Tasker are two peas in a pod. Ian likes to groom little children and the FBI took drugs out of his house the day of the raid, hopefully it was packaged with the intent to distribute as well. I can’t wait for the FBI to put this sicko away for good. Maybe Tasker and Bernard can Skype back and forth to each other from their perspective jail cells a way to reach out to other friends of theirs of like minds on how not get caught being deviant assholes.

  3. They set the precedent. Now no one can be charged for selling cannabis to state representatives at the New Hampshire state house in Concord!

  4. BB SIZZLE Ratchets and knives, Mathew darling, ratchets and knives.

  5. Jumping Jacks You know, Jacks, it hasn’t been hard to notice that you seem to find reading to be an immensely demanding activity. You’re not a Windows user by chance, are you? If you are, maybe you should consider activating the Narrator. It’s a built-in service that will read the text on your screen aloud for you.
    I think that a utility like this would be quite useful for a busy man like yourself. Just think of the possibilities. While the Narrator is reading Free Keene’s articles aloud to you, you can have your eyes free to watch old episodes of A&E’s Intervention.

  6. BB SIZZLE The raid was little more than a publicity stunt by the FBI to discredit Ian and the movement. It didn’t work and did little more than backfire on the FBI and those who despise us like yourself. There have been no arrests, the warrant wasn’t valid, and it got us publicity that has brought new movers to Keene. 
    It wouldn’t surprise me if the actions of the FBI actually results in more pedophile libertarians moving to Keene and/or New Hampshire. I wouldn’t personally consider that a bad thing. Remember that of any given group there are going to be sub-sets of people who may not have been aware of the movement, but now because of an issue they are concerned with making the news they’ve become aware of it. 
    Pedophile does not equal sex offender and sex offender doesn’t equal rapist. The majority of sex offenders are college students who were charged with crimes after a late night of partying and are on these lists for little more than pissing in a garbage can or consensual sexual relations between persons of similar ages. The majority of pedophile related arrests involve little more than child pornography. If pedophiles were such a danger to our children why is it that sex offender lists are almost entirely made up of people committing non-violent offenses? Of which many are not even actually sexual in nature. Pedophiles nor college students moving to Keene freak me out what-so-ever. It’s just another scare mongering tactic the authority use to keep us in line. It’s just like the communist threat, terrorists, drug dealers, and similar. FUD used to take our freedom away.

  7. Jumping Jacks OK- If my memory is correct that was little more than entrapment. He stopped communicating with the girl and it took the FBI or some agency stepping in and poking him to get him to respond. He was never a threat to any child (I’m not even sure the ‘child’ was a child, wasn’t she like 13 or something? that’s post puberty, not a child, even if it comes off as deviant sexual behavior). The drug charge didn’t involve violence either. No violence no crime.

  8. Ah thank you libertea for exposing even deeper the fact that Ian Bernard had a cache of drugs with an intent to distribute to the public. Your the best!

  9. libretea BB SIZZLE Hi libertea. When corresponding with Matthew, you’ll eventually understand that he operates under a very different set of principles from you and me. While I’m sure he superficially understands concepts like presumption of innocence, he doesn’t understand the underlying purpose of this abstraction, and therefore doesn’t believe that such principles apply to those who he dislikes.

  10. Desperation runs deep in you, drac.

  11. BB SIZZLE Indeed, Matthew darling. So does expressing your intention on camera to rap someone over the head with a socket wrench over something as nonthreatening as a difference of opinion. That video really made your neighbor’s unfortunate accusations towards your dear wife seem that much more believable, didn’t it snowflake?

  12. Drac Vermell Jumping Jacks Aaaah Drac, that’s just more “rhetoric” coming from a freekeener…. Just like it’s a lie that Maggie Hassan wants to confiscate guns when she vetoed the bill to block the confiscation of guns….

  13. libretea Jumping Jacks I really don’t know who or the details of what you’re talking about, but I have to say from the outside looking in, you seem to be engaging in doublethink…

  14. Drac Vermell Jumping Jacks Is that the best you can do? You can’t stay on topic and that makes you look like the fool.

  15. libretea Jumping Jacks No, it wasn’t entrapment. That is why he is still facing those charges and he is kicked out of politics. Pathetic statements trying to justify Tasker’s actions are criminal. He is a predator and hopefully will be prosecuted.

  16. BB SIZZLE Is this the only thing you do all day you fucking loser?

  17. Nope I’m working right now making a mint, thanks for the concern yah fucking libertard asshat.

  18. Jumping Jacks Drac Vermell Jacks, your predisposition towards dishonesty makes intelligent discussion with you virtually impossible. That’s precisely your intent, isn’t it? You know, to avoid conversation? As a consequentialist, Jacks, should you really be expecting anything else in return?

  19. BB SIZZLE Mathew dear, you live in Keene, NH. Let’s not boast about your earning potential here, especially when everyone already knows that you’re a plumber.

  20. New Hampshire never published or formed a controlled drug schedule as their law says it was supposed to do.

    When asked, back in early 2011 they hemmed and hawed and said,  “umm…we use the Federal Controlled Drug Schedule to prosecute people.  Which means all the people they arrested under their statute were “illegally” arrested and prosecuted.

    Now, in a blatant hypocritical about face, New Hampshire, which sells Marijuana, violates the Federal Controlled Drug Schedule, which still outlaws Marijuana as a “schedule 1 drug”.

    New Hampshire changed their law on publication RSA 21:32 backin July 2011 (they buried it in then Governor J. Lynch’ budget bill)
    to try to cover their tracks when had been illegally enforcing a law RSA 318 B which they never properly implemented.

    Moral of the story =  Weeda Claus sees them when they’re sleeping and knows when they’ve been bad or good.

  21. WEEDA CLAUS What should also concern people is the fact they’re using the military to perform police actions.  But hey, they CHEERED for it in Boston three years ago.  That’s why they’re so strong…

    And the Bearcat is a “rescue” vehicle.  It says it on the side so it must be true.

  22. Integrals WEEDA CLAUS I wonder what sort of spin control the MSP’s PR experts plan to execute for this boondoggle? Cannabis has been legal in MA for medical use since 2012. You’d think after four years the Amherst MSP would prefer to focus their energies on their most profitable enterprise – writing traffic citations.

  23. Drac Vermell Integrals WEEDA CLAUS

    They need to get as many scalps as they can while the British are still funding scalping.

    The helicopter douches don’t want to see their fun times end,  I mean joy riding around using other peoples money and arresting little old ladies is very dangerous work.

  24. did they throw kyle under the bus bc of their own skins …

  25. i heard that all them supposed liberty  people reps threw Kyle under the bus  to get  immunity from being prosecuted….so much for being activists for wat you believe in; they talked to the ags office

  26. Tasker is a hero, I see big waves being set in motion and his sacrifice will not be forgotten.

  27. I cant beleive all this over a little ganja lol.how bout we concentrate on all the m.f’s on welfare that shouldnt be. U0001f601U0001f601

  28. heres a link where they talk about it on the Exchange (local nh  public radio) http://nhpr.org/post/weekly-nh-news-roundup-october-7-2016

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