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| Federal Jury Convicts Medical Marijuana Advocate |
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Posted by CN Staff on February 01, 2003 at 11:46:16 PT Staff & Wire Reports - Press Democrat News Service Source: Press Democrat 
A federal jury on Friday found the author of marijuana books and advice columns, Ed Rosenthal, guilty of marijuana cultivation and conspiracy. Under mandatory sentencing laws, Rosenthal faces a minimum of five years in prison.Rosenthal, 58, the self-described "Guru of Ganja" who admitted to growing the plants for distribution under California's medicinal marijuana law, known as Proposition 215, called the verdict a "terrible decision" and vowed to fight it. His attorneys said they would prepare motions for a new trial immediately. "What the federal government is trying to do is destroy Prop 215 and eliminate medical marijuana from California," Rosenthal said. Proposition 215 "will outlive the Bush administration, it will outlive Ashcroft, and it will outlive all of these cruel people who want to stop people from getting their medicine." The state law, passed by voters as an initiative in 1996, permits the cultivation of marijuana as medicine for seriously ill people. Rosenthal was growing starter plants in a warehouse in Oakland, in his capacity as an "officer of the city" under Oakland's medical marijuana ordinance. The plants were distributed to organizations and clubs that serve the seriously ill. Kenneth Hayes, a Petaluma man who had been acquitted in a Sonoma County medical marijuana case in 2001, was charged along with Rosenthal and two other men in the case. However, Hayes fled to Canada where he is seeking political asylum. He faces marijuana and immigration charges in Canada but the penalties are significantly less than the U.S. charges, which have a maximum penalty of 20 years to life in prison. Besides California, eight other states allow the sick and dying to smoke or grow marijuana with a doctor's recommendation. But the judge in the Rosenthal case, Charles R. Breyer of U.S. District Court, did not allow Rosenthal to raise the California law as a defense since Rosenthal was indicted under federal law. Federal law does not permit marijuana cultivation for medicinal purposes. As a result, Rosenthal did not take the stand in his own defense and his lawyers said they were unable to explain to the jury his true motives for growing the plants. "Ed, for doing the right thing, is paying a terrible price," said Robert V. Eye, one of Rosenthal's lawyers, who fought back tears during a news conference after the verdict. "Social change is never easy." The jury foreman, Charles Sackett, 51, a landscape contractor in Sebastopol, said the jury was largely sympathetic to Rosenthal's predicament. But, he said, jurors were left with "no legal wiggle room" because of the decision to exclude any discussion of Proposition 215. "It was one of the most difficult things we ever did as jurors," Sackett said of separating the state and federal aspects of the case. "We followed the letter of the law. We followed the court's instructions." Sackett said he voted for Proposition 215 and that he hoped Rosenthal would ultimately prevail in a higher court. "I am for the use of medical marijuana, as a number of jurors were," he said. "But we just couldn't base our decision on that." About two dozen protesters screamed and cried outside the courthouse after the verdict. The government essentially portrayed Rosenthal as a major drug supplier. Because federal laws trump state laws, Breyer ruled that Rosenthal could not defend himself under the banner of California's Proposition 215. Marijuana, under federal rules, has no recognized medical benefit. "He was not trying to grow drugs for illicit purposes," said Nathan Miley, a former Oakland City councilman. "I think this does a disservice not just to Ed, but to those needing medical marijuana." George Bevan Jr., the assistant U.S. attorney, asked that Rosenthal be taken into custody immediately, but Breyer said he would make a decision about custody at a hearing Tuesday. Rosenthal has been free since his arrest last February after posting $200,000 bond. The judge is scheduled to sentence Rosenthal in June. Under the original indictment, Rosenthal had faced a minimum sentence of 10 years in prison if convicted, but the jury effectively cut that amount in half when it rejected the prosecution's contention that Rosenthal had conspired to grow more than 1,000 plants. The jury reduced the number to 100. Rosenthal's lawyers had argued that since the plants he had grown were starters, not fully grown plants, that the count involving 1,000 plants was excessive. Note: Defense could not bring up Prop. 215 in 'Guru of Ganja' trial. This story was compiled from reports written by Press Democrat staff, the New York Times and the Associated Press. Source: Press Democrat, The (CA) Related Articles & Web Sites: Green-Aid.com Americans For Safe Access DEA Raids Medical Marijuana Club Ed Rosenthal's Trial Pictures & Articles Medical Pot Advocate Found Guilty Petaluma Pot Grower Seeks Asylum in Canada Home Comment Email Register Recent Comments Help |
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Comment #3 posted by afterburner on February 02, 2003 at 01:31:42 PT:
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| I found this link at MAP (Ed's case in the larger context): US CA: Column: Four Useful Phrases http://www.mapinc.org/drugnews/v03/n104/a01.html?999 "I am for the use of medical marijuana, as a number of jurors were," he said. "But we just couldn't base our decision on that." -The jury foreman, Charles Sackett "It was one of the most difficult things we ever did as jurors," Sackett said of separating the state and federal aspects of the case. "We followed the letter of the law. We followed the court's instructions." "Non-cooperation with evil is as much a duty as cooperation with good." -Mahatma Gandhi "Democracy is not a state in which people act like sheep." -Mahatma Gandhi ego destruction or ego transcendence, that is the question. [ Post Comment ] |
| Comment #2 posted by malleus2 on February 01, 2003 at 19:13:39 PT |
| They used to teach in high school about how the nazis were tried at Nuremburg, and that their defenses all revolved around 'following orders'...not being concerned about whether the instructions they were given and gave were illegal or immoral orders. They were hung as much for their refusal to follow any moral precepts as they did for their bloody actions which were derived from those moral failures. Now, here we are, a juror says that he had to follow the law...not his conscience. This, from a product of the public education system. Sieg heil...ya'all. [ Post Comment ] |
| Comment #1 posted by The GCW on February 01, 2003 at 18:16:26 PT |
| It (CANNABIS) is some 1,400 percent stronger nowadays. TODAY'S STRONGER MARIJUANA FAR FROM 'RELATIVELY HARMLESS' http://www.mapinc.org/drugnews/v03/n167/a11.html?397 (A mind IS a terrible thing to waste.)
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