In Loudoun County, Virginia, Circuit Court Judge James P. Fisher jailed a witness in an alleged domestic violence case over her cannabis consumption the morning of the trial recently. The witness, who wishes to remain anonymous, found herself detained during her hour and a half testimony and cross examination. Judge Fisher questioned the witness about her drug use after the defense used “intense and assertive questioning focused on drug-addiction and infidelity.”

After the judge learned the woman had consumed legal cannabis before the trial, she became “detained, interrogated, arrested and removed from the courtroom,” according to Assistant Commonwealth’s Attorney Elena Ventura. The woman didn’t receive treatment “with the respect, sensitivity or dignity required by law.”

To become detained and held in contempt of court in Virginia, someone must express “vile, contemptuous, or insulting language”. The woman reportedly did none of this and cooperated during the entire trial. She spoke against her alleged abuser, who was in his third felony court charge for domestic violence.

Legal Cannabis

As of July 1, 2021, recreational cannabis consumption is legal for adults over 21 in Virginia. Citizens 21 and over can possess up to one ounce of cannabis. They can also grow up to four plants in their home out of view from the general public. With the trial taking place in September, the woman’s consumption of cannabis in no way breaks the law. 

Furthermore, prosecutors said Judge Fisher refused to hear from detectives who had interacted with the witness before the trial. They would have testified her “behaviors were consistent with all prior interactions… She exhibited no signs of intoxication prior to her testimony.”

“She did not admit to doing any illegal activity nor did she admit to being under the influence in the courtroom,” said Thomas K. Plofchan, Jr., an attorney representing the woman. “There was no slurring of her words, nothing that indicated that she had taken some sort of intoxicant that affected her speech or muscular movement.”

Implications

The Virginia Commonwealth’s attorney office believes that Judge Fisher’s actions “may create a chilling effect surrounding victim willingness to testify in cases of domestic violence, an area of law already replete with victims recanting and/or refusing to cooperate, due to the extensive trauma domestic violence victims experience through the cycle of power and control, especially in cases where victims have mental health concerns, as … in the case at bar.”

Unfortunately, the woman said she received that very message when she became detained. “I have learned that it does no good to report domestic abuse because the system and the courts appear to have no real interest in protecting victims and punishing abusers,” she said. “The judge has sent me a clear message.”

Virginia Commonwealth Senator Jennifer Boysko, D, who represents part of Loudoun, spoke about Judge Fisher’s actions. “Just in general when dealing with domestic violence victims, there’s a history of not treating the victim with respect and dignity and we’re supposed to be protecting them first.” 

Response

Judge Fisher ended the trial in a mistrial. The woman found herself sentenced to ten days in jail. She stayed in prison for two days before becoming released on a $1,000 bond. 

“Last time we checked, marijuana is legal in Virginia. It’s time for the legal system to catch up & stop punishing people for something that’s legal,” the Virginia ACLU tweeted in response to the woman’s jail sentence. 

The executive director of Virginia NORML is Jenn Michelle Pedini. She also spoke out against Judge Fisher’s reaction to the woman’s legal cannabis consumption. “In 2020, Virginia ended the practice of jailing individuals for using cannabis, and in 2021 made such use explicitly legal for those age 21 and older. Yet, these changes in code do not facilitate an immediate end to the stigmatization faced by those who choose to consume cannabis, many of whom will continue to be singled out for discrimination by those still wedded to longstanding stereotypes.”

No retrial information is available as of yet for the woman’s alleged domestic abuser. Additionally, it is unclear if the woman would testify again. Regardless, Virginia has set a precedence and advocates are crying out for more change. 

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