Arrested for sharing a marijuana cigarette at the annual Boston Freedom Rally in September, Cusick and Stroup turned to Harvard Law School professor Charles R. Nesson '60 for legal counsel. Nesson and his clients acknowledged that they had used the illegal drug, and decided upon an unusual defense: they argued that the statute outlawing marijuana in Massachusetts has no "rational basis," and that the jury has the power of jury nullification, or ruling a defendant innocent while recognizing that he or she had violated a law.
Both co-defendants built their careers around marijuana: Cusick is associate publisher of the well-known marijuana magazine, High Times, and Stroup is the founder of the National Organization for the Reform of Marijuana Laws. They said that they do not believe marijuana to be a social ill.
