The most common defense raised in drug cases is to challenge the search and seizure that resulted in the police finding the drugs. If the police violated the defendant’s Fourth Amendment search and seizure rights, the court will suppress, or throw out, the drugs as evidence. The prosecution will then have far less evidence to prove the case beyond a reasonable doubt and the case could even be dismissed.
In marijuana cases, I may attempt to “nullify” the jury which means to ask the jury to disregard the law and to acquit you. If the jury develops sympathy for you and antipathy for the law, we may be able to get the jury to disregard the law and decide the case based on fairness and equity.
