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  Californian 'Guru of Ganja' Faces Jail
Posted by CN Staff on June 02, 2003 at 22:32:02 PT
By Duncan Campbell in Los Angeles 
Source: Guardian Unlimited UK 

medical A high-profile American campaigner for the legalisation of marijuana will be sentenced tomorrow in what has become a national cause célèbre.

The case of the "guru of ganja"- who is backed by the attorney general of California - is seen as a constitutional battle between the Bush administration and the state. Ed Rosenthal, 58, who writes a monthly advice column, Ask Ed, for Cannabis Culture magazine, is a leading proponent of medicinal marijuana use.

In 1996, California's voters legalised the use of marijuana for patients suffering from illnesses such as Aids, cancer and glaucoma if recommended by a doctor. Similar acts have been passed in other states. Oakland city council duly asked Rosenthal, as an expert cultivator, to grow plants for medicinal use at a warehouse.

However, the federal government does not recognise state laws on drugs. Since John Ashcroft became United States attorney general in 2000, the drugs enforcement administration (DEA) has opposed medicinal marijuana initiatives, saying they represent the thin end of the wedge. Rosenthal was arrested by federal officers last year and charged with marijuana production. He was convicted and he will be sentenced in San Francisco tomorrow.

On the instructions of presiding Judge Charles Breyer, the jury was not told that Rosenthal was growing the 100 or so plants officially for the city council and for the use of patients, including the terminally ill. When jurors discovered this after the conviction, five of them issued a public apology to Rosenthal and asked in vain for a retrial.

"I really feel manipulated," said one juror, Pam Klarkowsky. "I feel the jury was railroaded into making this decision."

Rosenthal, author of books such as Ask Ed: Marijuana Law, Don't Get Busted, said he believed that he had been arrested because of his high profile and as a warning to others. "I was a well-known figure," he said yesterday as he prepared for his court appearance. "I was a trophy."

The case was not so much about him as about the constitutional rights of Americans to have their votes respected by their government. He believed that John Ashcroft had personally supported the prosecution. "The United States is currently in the control of a rightwing cabal that has taken over the government."

Rosenthal, married with two children, said he had received widespread support "from every sector of society, including the church and seniors. My position is a majority position".

He has also won the backing of many locally elected officials, including San Francisco's district attorney, Terence Halinan. Bill Lockyer, California's attorney general who is a likely gubernatorial candidate in 2006, has written to Judge Breyer asking for leniency and reminding him of the state's 1996 compassionate-use act.

The prosecution is seeking a five-year sentence on the grounds that Rosenthal has expressed no remorse.

Rosenthal is the latest medicinal supplier in California to be targeted by the DEA. Many medical marijuana clubs have been closed after federal raids.

The case raises the constitutional issue of states' rights which the Bush administration came to office vowing to defend. California's supreme court ruled last July that people who grew marijuana for medicinal use were immune from prosecution if use was authorised by a doctor.

The case coincides with a crackdown on sellers of marijuana paraphernalia. Last month, Tommy Chong, half of the 1970s comedy duo Cheech and Chong, pleaded guilty to selling marijuana pipes via the internet. Chong, 64, who is based in Los Angeles, will be sentenced in September and could face five years in prison.

The DEA launched a series of raids against the trade in February. "The illegal drug paraphernalia industry has invaded the homes of families across the country without their knowledge," Mr Ashcroft said at the time.

Sanho Tree, of the Institute for Policy Studies in Washington -- http://www.ips-dc.org/index.htm -- said the prosecutions of Rosenthal and Chong came at a time when other countries, such as Canada, were relaxing marijuana laws, adding: "Ashcroft and the DEA are fighting a culture war, not a drugs war. It smacks of a last, desperate attempt."

Complete Title: Californian 'Guru of Ganja' Faces Jail in Crackdown on Medicinal Marijuana

Source: Guardian Unlimited, The (UK)
Author: Duncan Campbell in Los Angeles
Published: Tuesday, June 3, 2003
Copyright: 2003 Guardian Newspapers Limited
Contact: letters@guardian.co.uk
Website: http://www.guardian.co.uk/

Related Articles & Web Sites:

Cannabis Culture Magazine
http://www.cannabisculture.com/

Ed Rosenthal's Pictures & Articles
http://freedomtoexhale.com/trialpics.htm

Medical Pot Guru Ready for Sentencing
http://cannabisnews.com/news/thread16499.shtml

King of Pot Sees Growing Kingdom
http://cannabisnews.com/news/thread16494.shtml

Federal Persecution - New York Times
http://cannabisnews.com/news/thread16464.shtml


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Comment #4 posted by FoM on June 03, 2003 at 15:38:50 PT
afterburner
I thought they said 10,000 plants but it was only 3,600.

Only!!!

Pot Farmer Arrested After TV Appearance: http://www.cannabisnews.com/news/thread16511.shtml

[ Post Comment ]

 
Comment #3 posted by FoM on June 03, 2003 at 14:18:16 PT
afterburner
I think you saw the news on NWI when they showed a grower. He said something like come and get me. They did. He was arrested a few days after the program aired with I believe they said 10,000 plant. They said that on NWI last night. Did you see that on the news?

[ Post Comment ]
 
Comment #2 posted by FoM on June 03, 2003 at 13:24:23 PT
afterburner
Thanks! I voted!

[ Post Comment ]
 
Comment #1 posted by afterburner on June 03, 2003 at 13:04:38 PT:

Please Vote
Rx Pot Guru: I Won't Serve Time Ed Rosenthal, America's most famous drug defendant, awaits sentencing. http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/06/03/MN83951.DTL -Chronicle [http://www.sfgate.com/]

Article includes poll: The Question

What sententence should pot guru Ed Rosenthal receive?

Prison time 11%

Probation 2%

None, conviction should be reversed 83%

$50 fine for smoking indoors 4%

Total Votes: 199

Click to Vote

"Ed, we love you. We support you."

[ Post Comment ]


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