Court Overturns 'Guru of Ganja's' Conviction |
Posted by CN Staff on April 26, 2006 at 10:40:17 PT By David Kravets, The Associated Press Source: Associated Press San Francisco -- A federal appeals court on Wednesday overturned the self-proclaimed "Guru of Ganja's" pot cultivation conviction because of jury misconduct, but otherwise upheld federal powers to charge marijuana growers. Ed Rosenthal, who has written books on how to grow marijuana and how to avoid getting caught, was convicted here more than two years ago for cultivating hundreds of marijuana plants for a city of Oakland medical marijuana program. U.S. District Judge Charles Breyer sentenced Rosenthal to one day in prison, saying the Oakland man reasonably believed he was immune from prosecution because he was acting on behalf of city officials. The government sought a two-year prison term and appealed, arguing Breyer did not have the authority to give such a light sentence - a position the 9th U.S. Circuit Court of Appeals said "it was not inclined to disturb." Rosenthal cross-appealed, saying he was immune from prosecution or should have been given the right to tell jurors he was growing marijuana for medicinal reasons - both points the appeals court also rejected. Rosenthal's prosecution underscored the federal government's position that medical marijuana is illegal, it has no medical value, and the will of California voters has no affect on federal drug laws. The prosecution received national attention, in part, because of Rosenthal's status as a leading author and proponent of marijuana, while at the same time the Drug Enforcement Administration was raiding Northern California marijuana dispensaries that distributed pot to sick and dying patients. A three-judge panel of the San Francisco-based appeals court unanimously overturned the conviction Wednesday because it was concerned that a juror committed misconduct and was not removed from the panel. "Juror A" asked an attorney during the trial whether she had to follow the law or could vote her conscience because she suspected Rosenthal was growing marijuana for medicinal uses. The attorney told the woman she must follow Breyer's instructions to follow federal law or she would get in "trouble." "We hold that here the communication was an improper influence upon Juror A's decision to acquit or convict," the appeals court wrote. While the case was on appeal, and despite Rosenthal's claims, the Supreme Court ruled again that the federal government can prosecute medical marijuana growers and users despite California's medical marijuana law. That decision, which applied retroactively, grounded into law the government's authority to undermine California's medical marijuana law and those in 10 other states. The Supreme Court also ruled in an unrelated case, while Rosenthal's prosecution was pending appeal, that federal judges do not have to follow congressional sentencing guidelines. That decision was also retroactive. Following Rosenthal's conviction, nine of the 12 jurors decried their own verdict once reporters told them Rosenthal's defense, which Breyer said was not allowed under the law. Rosenthal once wrote the "Ask Ed" column for High Times magazine and has written books with titles including "The Big Book of Buds" and "Ask Ed: Marijuana Law. Don't Get Busted." The case is United States v. Rosenthal, 03-10307. Editors: David Kravets has been covering state and federal courts for more than a decade. Complete Title: Court Overturns 'Guru of Ganja's' Cultivation Conviction Source: Associated Press (Wire) Related Articles & Web Site: Ed Rosenthal's Pictures & Articles Reefer Madness: Our Current Prohibition Twist Ends Medical Marijuana Case Guru's Tirade on Marijuana Earns Respect Home Comment Email Register Recent Comments Help |
Comment #2 posted by FoM on April 26, 2006 at 11:01:07 PT |
Oppose Merced County's Plan to Outlaw Medical Marijuana Tuesday, April 26, 2006 Our friends at Safe Access Now have alerted us to some troubling news. The Merced County Board of Supervisors has directed its staff to join with San Diego and San Bernardino intheir lawsuits against the state which seek to overturn our decade-old medical marijuana law, Prop 215. There is still time to get the board to reverse this decision if all patients and advocates in Merced County contact their supervisors today. Please take a few minutes to find your county supervisor (below) and email and/or call him or her urging them not to join San Diego's lawsuit and to instead implement the medical marijuana ID card program. Please keep your messages brief and polite. Feel free to use the talking points listed at the bottom of this message. URL: http://www.drugpolicy.org/news/merced042606.cfm [ Post Comment ] |
Comment #1 posted by FoM on April 26, 2006 at 10:41:17 PT |
I needed some good news today. I am happy for Ed. [ Post Comment ] |
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