'Ganja Guru' Appeal Set After Delay |
Posted by CN Staff on September 12, 2005 at 06:40:28 PT By Josh Richman, Staff Writer Source: Oakland Tribune California -- More than two years after being convicted and sentenced for growing marijuana, Oakland's self-styled "Guru of Ganja" will make his appeal Tuesday for why even a slap on the wrist was too much. Ed Rosenthal, a renowned pro-marijuana author, activist and cultivation authority, claims he never should have been convicted of three marijuana-growing felonies. The government claims he not only deserved conviction, but he also deserved at least two to five years in prison instead of his one-day, time-already-served sentence. Three judges of the 9th U.S. Circuit Court of Appeals will decide sometime in the few months after Tuesday's arguments. Rosenthal famed for his books and for the "Ask Ed" column he wrote for "High Times" magazine became a medical-marijuana cause celebre after his February 2002 arrest. Drug Enforcement Administration agents raided sites including his Oakland home office; an Oakland warehouse where he'd been growing marijuana; San Francisco's Harm Reduction Center medical marijuana club, which he'd supplied; and the HRC's founder's Petaluma home. After a five-day trial, a federal jury convicted Rosenthal on Jan. 31, 2003, of three marijuana-growing felonies. Upon learning afterward of the state and city protections Rosenthal had not been allowed to raise as a defense, several jurors renounced their verdict and rallied to his cause. U.S. District Judge Charles Breyer sentenced Rosenthal on June 4, 2003, to one day in prison. On appeal, Rosenthal basically claims Breyer erred by not letting him mount an "entrapment-by-estoppel" defense that is, that local and federal officials had led him to believe his conduct was protected under California's 1996 compassionate-use law and by an Oakland ordinance under which he was deemed an city officer permitted to grow marijuana. Light Sentence Explained In fact, the appeal notes that at Rosenthal's sentencing, Breyer said he believed Rosenthal reasonably although incorrectly thought the state and local laws immunized him; the judge used this as an explanation for the lighter-than-normal sentence. The Appeal Also Claims: * Federal prosecutor George Bevan committed misconduct by falsely telling the grand jury that later indicted Rosenthal that federal agencies were not aiming to shut down medical marijuana clubs; * Rosenthal wasn't allowed to rebut the government's claims that he grew the marijuana for profit; * Two jurors committed misconduct by voting to convict based in part on an attorney-friend's advice not to stray from the judge's instructions; * Breyer erred by instructing the jury it could not bring its "sense of justice" to bear on this case; and * Breyer erred by refusing to exclude evidence from the Oakland warehouse based on Rosenthal's claim that the warrant lacked probable cause. The government not only disputes all of these claims but is seeking a harsher sentence of at least two to five years in prison. Government's Brief Even if the city of Oakland approved of and encouraged his conduct, the government's brief says, a "one-day sentence for a defendant who has been a sophisticated marijuana cultivator for more than four years is simply indefensible in light of Congress' clear intent to treat marijuana cultivation as a serious offense, regardless of the use to which the marijuana is put." Breyer's enormous departure from sentencing guidelines "was an abuse of judicial discretion and the case should be remanded for resentencing," the brief concludes. Rosenthal's case was on hold for many months as the appeals court awaited the U.S. Supreme Court's decision in Gonzales v. Raich, another Oakland-based case aimed at halting federal prosecution of medical marijuana patients and caregivers. That case's plaintiffs had argued the Constitution's commerce clause lets Congress regulate only interstate commerce, and that Californians' medical marijuana use neither crosses state lines nor involves money changing hands. That would mean the Controlled Substances Act's marijuana ban oversteps Congress' authority, and so shouldn't be used to prosecute patients and caregivers. But in a 6-3 ruling in June, the Supreme Court essentially concluded that even marijuana grown in back yards for personal, medical use can affect or contribute to the illegal interstate market for marijuana, and so is within Congress' constitutional reach. Once the federal government was cleared to arrest and prosecute patients and caregivers, Rosenthal's appeal began moving forward again. Circuit Judges Betty Fletcher, Marsha Berzon and John Gibson will hear Rosenthal's appeal. Varied Backgrounds Fletcher is a 1979 Carter appointee and former Seattle attorney with a liberal reputation. Berzon is a 1999 Clinton appointee who, after clerking for outspoken liberal U.S. Supreme Court Justice William Brennan, spent most of her career in private practice in San Francisco. And Gibson, "on loan" from the 8th Circuit appeals court, was a Kansas City attorney before being nominated to the federal bench in 1981 and the circuit court in 1982 by President Reagan. "We think it's a panel that will be fair and carefully consider the claims," said Dennis Riordan, one of Rosenthal's attorneys. Note: Oaklander argues even light sentence for pot convictions too harsh; feds want 2 to 5 years. Source: Oakland Tribune (CA) Related Articles & Web Site: Ed Rosenthal's Trial Pictures & Articles Twist Ends Medical Marijuana Case Guru's Tirade on Marijuana Earns Respect Home Comment Email Register Recent Comments Help |
Comment #51 posted by runderwo on September 12, 2005 at 19:12:44 PT |
Have a lot of Ron Paul fans here, thought this would be interesting. [ Post Comment ] |
Comment #50 posted by FoM on September 12, 2005 at 18:27:18 PT |
Thank you. That's really good news. [ Post Comment ] |
Comment #49 posted by mayan on September 12, 2005 at 18:23:00 PT |
The only reason Ed didn't get more time is likely because the feds didn't want to make a martyr out of him. They made a huge mistake by messing with him anyhow. Ed is going to make the feds look so stupid! It ought to be entertaining! Here's another interesting read... Duty Binds Officers Who Have Gone to Help After Storm: http://copvcia.com/free/ww3/091205_world_stories.shtml#0 [ Post Comment ] |
Comment #48 posted by FoM on September 12, 2005 at 18:19:18 PT |
I know exactly what you mean about Neil Young. I read the Rust List everyday and I have friends on a couple Neil Young message boards. The people that appreciate Neil Young are those that value his values and I admire those values. [ Post Comment ] |
Comment #47 posted by E_Johnson on September 12, 2005 at 18:02:19 PT |
Over the years you learn what to trust and what not to trust. Neil Young can be trusted to always be sincere, deep and heartfelt as an artist. He doesn't reach for the cheap shot or the easy way out in his songs. He's not there just to get his hand in our wallets or to make us want some product. [ Post Comment ] |
Comment #46 posted by siege on September 12, 2005 at 17:51:09 PT |
While there is still no real cure for cancer, every day researchers move a step closer to finding that cure. Twenty-five-year old Natalya Kogan, a Ph.D. candidate at the Hebrew University of Jerusalem, working under the supervision of Prof. Raphael Meshulam, recently proved that extract from the cannabis plant is able to help heal cancer within the organism. http://www.israeltoday.co.il/Default.aspx?tabid=128&view=item&idx=657 [ Post Comment ] |
Comment #45 posted by FoM on September 12, 2005 at 16:34:12 PT |
That would be so nice for him. I think he deserves it. Prairie Wind is so good. One song about his father before Alzheimers took a hold of him. And the love song to his children. The song about a old guitar. His father was a sports writer but Neil is a writer but just puts it to music. It's really cool. It's all one song. [ Post Comment ] |
Comment #44 posted by goneposthole on September 12, 2005 at 16:19:57 PT |
heavenly days, holy smokes, that scares the bejesus out of the feds. If a grower receives a one-day sentence for growing pot on a large scale, small potatoes quarter-ounce possessors shouldn't even be charged or fined. Amen. That's just great. Reefer time. "3 kinds of people: Those who can count, and those who can't." http://www.indigo.org/quotes.html [ Post Comment ] |
Comment #43 posted by E_Johnson on September 12, 2005 at 15:53:45 PT |
Roger Friedman, the entertainment reporter at Fox News, predicts that Neil Young will get a Grammy nomination for Best New Song for "Prairie Wind". [ Post Comment ] |
Comment #42 posted by FoM on September 12, 2005 at 15:51:48 PT |
I have tried all different ways in life and I've found that is the only way to stay content no matter what. Do not be overcome by evil, but overcome evil with good. [ Post Comment ] |
Comment #41 posted by Hope on September 12, 2005 at 15:26:10 PT |
If it is possible, as far as it depends on you, live at peace with everyone. Do not take revenge, my friends, but leave room for God's wrath, for it is written: "It is mine to avenge; I will repay," says the Lord. On the contrary:
"If your enemy is hungry, feed him;
if he is thirsty, give him something to drink.
In doing this, you will heap burning coals on his head."Do not be overcome by evil, but overcome evil with good. [ Post Comment ] |
Comment #40 posted by Hope on September 12, 2005 at 15:23:03 PT |
Romans 12 speaks to today so much...especially at the last. I guess Bush and Co. never heard of it. Of course he may be one of those that discount the epistles of Paul to the Romans...and everyone else. [ Post Comment ] |
Comment #39 posted by FoM on September 12, 2005 at 13:56:39 PT |
It seems that it was an accident. Some areas are getting power back so it should be ok. That's good. [ Post Comment ] |
Comment #38 posted by Hope on September 12, 2005 at 13:40:24 PT |
Have mercy. If it be your will. [ Post Comment ] |
Comment #37 posted by FoM on September 12, 2005 at 13:12:11 PT |
They just said on the news that power outages are occuring in some places in LA. I wonder why. [ Post Comment ] |
Comment #36 posted by FoM on September 12, 2005 at 12:55:57 PT |
Thank you. I try real hard to make them proud even though they aren't here anymore. [ Post Comment ] |
Comment #35 posted by Hope on September 12, 2005 at 12:52:26 PT |
make for a hard life. She seems to have managed to raise a fine daughter. A fine legacy for anyone. [ Post Comment ] |
Comment #34 posted by FoM on September 12, 2005 at 12:40:59 PT |
It was bad so she didn't talk about it much at all. I never met any of her family except my grandmother that lived with us until she died. My mom was 40 when I was born and my grandmother was 80. Lots of years were lost for me. [ Post Comment ] |
Comment #33 posted by Hope on September 12, 2005 at 12:40:30 PT |
They are, certainly, some of the "Brave and the Strong" sang of in the Flood ballad. [ Post Comment ] |
Comment #32 posted by Hope on September 12, 2005 at 12:37:02 PT |
Her life would, likely, very likely, be fraught with tragedy and haunting fear. [ Post Comment ] |
Comment #31 posted by Hope on September 12, 2005 at 12:33:21 PT |
Make that Isley. I fear I'm mispelling a lot of names today. [ Post Comment ] |
Comment #30 posted by FoM on September 12, 2005 at 12:19:55 PT |
Was born and raised a coal miners daughter in West Virginia but she was glad when she met my father and she got out of there and never mentioned her family often. Her father took his own life and a brother did too and she didn't like being one of nine children. I often wonder where my relatives are but she didn't tell any of us so we'll never know. [ Post Comment ] |
Comment #29 posted by Hope on September 12, 2005 at 12:18:22 PT |
encourage us to "Shout"...a little while now. [ Post Comment ] |
Comment #28 posted by Hope on September 12, 2005 at 12:16:43 PT |
we didn't know much. I guess. I didn't know or don't remember knowing about it. [ Post Comment ] |
Comment #27 posted by Hope on September 12, 2005 at 12:15:23 PT |
I've been listening to it off and on all week. [ Post Comment ] |
Comment #26 posted by Hope on September 12, 2005 at 12:14:35 PT |
I can listen to that no more than three times. It's hard. [ Post Comment ] |
Comment #25 posted by FoM on September 12, 2005 at 12:11:26 PT |
I didn't even know there was a flood back in 57. [ Post Comment ] |
Comment #24 posted by Hope on September 12, 2005 at 12:09:51 PT |
I don't know about you, but I can feel my soul when I listen to that song. It aches. [ Post Comment ] |
Comment #23 posted by Hope on September 12, 2005 at 12:04:44 PT |
Go to this site and download "Flood" http://www.blueridgeinstitute.org/ballads/floodsong.html [ Post Comment ] |
Comment #22 posted by Hope on September 12, 2005 at 12:03:57 PT |
just resigned. [ Post Comment ] |
Comment #21 posted by Hope on September 12, 2005 at 12:02:48 PT |
Go to this site and scroll down a bit and load and listen to the song called "Flood". [ Post Comment ] |
Comment #20 posted by FoM on September 12, 2005 at 11:32:48 PT |
Something good is going to happen over this terrible event. I love all our people in the USA as you know. Maybe some of the prejudice and hate will desolve away as we bind together. Maybe besides me just loving Neil Young that this song means so much to me. He is a Canadian but lives in northern California. He has a black group of singers on his new album and performing with him at the benefit concert. I hope and pray I'm right. [ Post Comment ] |
Comment #19 posted by Hope on September 12, 2005 at 11:24:13 PT |
On my way into town this morning I saw a peculiarlity for Northeast Texas. A Gulf Coast Checkered Cab pulled off in front of me on to one of our rural county roads. [ Post Comment ] |
Comment #18 posted by FoM on September 12, 2005 at 11:08:32 PT |
I know what you mean. I have my headphones on listening to WTNO and have the tv on but the sound muted because I don't want to see what's on. I've been making a copy for the contractors of a few songs. They were up on the roof and I cranked WTNO up and they said it sent chills down their spine. Oh for simplier days. Well not really. LOL! [ Post Comment ] |
Comment #17 posted by Hope on September 12, 2005 at 11:03:59 PT |
"deprived"...because that was occasionally the complaint of a couple of them. Mostly they learned to appreciate music, reading, conversation, drawing, planning and actually playing, playing at getting ready for life, instead of watching it flicker by on a screen and creating dreams other than the needs tv commercials inspired in them. [ Post Comment ] |
Comment #16 posted by FoM on September 12, 2005 at 11:00:08 PT |
Wow you bring back a lot of memories. I don't know when we got a tv but it wasn't watched much. We just were always doing something but not watching tv. I guess I just dreamt about horses. LOL! [ Post Comment ] |
Comment #15 posted by Hope on September 12, 2005 at 10:55:21 PT |
We didn't have a television of our own until I was about seven. I purposely deprived my children of as much TV as other children seemed to watch. [ Post Comment ] |
Comment #14 posted by FoM on September 12, 2005 at 10:38:06 PT |
I don't remember how I heard his music but it must have been on a radio that my parents had since I didn't even have a radio. I was too young. I too wish Ed good luck. [ Post Comment ] |
Comment #13 posted by Hope on September 12, 2005 at 10:31:18 PT |
I had an early rock and roll mom. I grew up listening to Fats, Little Richard, Elvis, and Jerry Lee from a plastic radio atop the refrigerator. Also listened to Johnny Cash, Johnny Horton on the Louisana Hayride and The Grand Ole Opry on that radio...as well as radio soap operas. Back on topic. I wish Mr. Rosenthal well. [ Post Comment ] |
Comment #12 posted by FoM on September 12, 2005 at 10:22:35 PT |
http://www.amazon.com/exec/obidos/tg/detail/-/B00005YW4I/qid=1126545885/sr=8-1/ref=pd_bbs_1/102-0324021-5848908?v=glance&s=music&n=507846 [ Post Comment ] |
Comment #11 posted by FoM on September 12, 2005 at 10:19:42 PT |
They might release the best of Fats Dominoe if there isn't a best yet. [ Post Comment ] |
Comment #10 posted by FoM on September 12, 2005 at 10:18:27 PT |
It makes me want to stroll. Remember strolling. [ Post Comment ] |
Comment #9 posted by Hope on September 12, 2005 at 10:17:46 PT |
I'd say it would soon be a very good time to re-release a collection of his "best" or a "complete collection". He looked so good in a picture I saw of him in a car a few days ago. He looked very healthy and well. [ Post Comment ] |
Comment #8 posted by FoM on September 12, 2005 at 10:09:53 PT |
At the close of the 4 hour concert Neil Young and the Fisk Jubilee Singers ended the show with Fats Domino's Walking To New Orleans. You can downloaded it here. It was beautiful and I know Fats Dominoe will need money and because Neil Young sang it he will get good royalities I believe. Here's the link and it's at the top of this page. http://www.thesongdog.de/rust.php?cont=sound [ Post Comment ] |
Comment #7 posted by Hope on September 12, 2005 at 09:56:35 PT |
such a lovely handshake. He had nice hands...or a nice hand...the one I shook. [ Post Comment ] |
Comment #6 posted by Hope on September 12, 2005 at 09:54:12 PT |
He was very much more an "Antoine" than a "Fats". He was so sweet. He was a "sugar man"...though he never touched me other than to shake hands. [ Post Comment ] |
Comment #5 posted by Hope on September 12, 2005 at 09:51:53 PT |
Sorry. He was "wonderful sweet" though. [ Post Comment ] |
Comment #4 posted by Hope on September 12, 2005 at 09:50:27 PT |
I actually had the honor of meeting him. He was so wonderful sweet. [ Post Comment ] |
Comment #3 posted by Hope on September 12, 2005 at 09:49:11 PT |
Are you listen on your computer? If so...where? (I can almost hear it in my mind.) [ Post Comment ] |
Comment #2 posted by FoM on September 12, 2005 at 09:36:33 PT |
Thank you. God Bless those men. I don't know about you but I am so upset and sad by this disaster. I keep playing Walking To New Orleans and I'm not sure if it makes me feel better or more upset but I love it none the same. [ Post Comment ] |
Comment #1 posted by Hope on September 12, 2005 at 09:32:10 PT |
Faces interest me. Looking at news this morning I found this photograph, I wanted to share with you. [ Post Comment ] |
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