Charges Filed Against NORML Founder, HIGH TIMES Associate Publisher

Two of the nation’s leading marijuana legalization advocates, NORML founder Keith Stroup and HIGH TIMES associate publisher Rick Cusick, appeared before a magistrate Wednesday October 24 at the Brooke Courthouse in Boston, Massachusetts. The hearing stemmed from marijuana possession arrests made at the Boston Freedom Rally in September when an officer allegedly spotted the pair passing a joint.

MASS CANN/NORML’s Steve Epstein represented Stroup and Cusick at the magistrate hearing where he briefly questioned the arresting officer. The officer testified that he witnessed the two men smoking a joint and could tell from afar that it was not a tobacco cigarette based on his years of experience making marijuana related arrests. The evidence itself is currently undergoing laboratory testing.

Daniel Hogan, the Clerk-Magistrate of the Central Division of the Boston Municipal Court found probable cause the two were smoking marijuana and issued complaints against Stroup and Cusick, formally charging them with Class D marijuana possession.

According to Epstein, the magistrate told him that had the defendants simply apologized at the hearing the complaints would likely not have been issued. However, no apology was forthcoming from two of marijuana’s most outspoken advocates.

As it stands, Stroup and Cusick plan to seek a jury trial as a means of highlighting marijuana prohibition in Massachusetts. “We want a special hearing on the constitutionality [of the law]… I think its time the courts take a fresh look as to whether possession of a small amount of marijuana should be a criminal offence in Massachusetts,” Stroup told reporters outside the Boston Courthouse.

Epstein agreed, stating, “We’re going to let them know that we’re prepared to put on a show trial and challenge the search and challenge the constitutionality of the statute.” The case will proceed with the arraignment scheduled for December 7.