cannabisnews.com: Twist Ends Medical Marijuana Case





Twist Ends Medical Marijuana Case
Posted by CN Staff on June 05, 2003 at 14:29:21 PT
By Jane Meredith Adams, Special to the Tribune
Source: Chicago Tribune 
San Francisco -- In a stunning decision, a federal judge on Wednesday sentenced a man who grew marijuana plants for medical use to just 1 day in prison, despite pleas from prosecutors who condemned all marijuana cultivation as serious criminal behavior.U.S. District Court Judge Charles Breyer said it was reasonable to assume that Ed Rosenthal had been openly growing more than 100 marijuana plants in the belief he was immune from federal prosecution. Under a provision of the federal Controlled Substances Act, localities can deputize individuals to immunize them from prosecution if they are acting in the interest of local government.
Rosenthal, 58, an author and columnist for a magazine that supports legalization of marijuana, had been deputized by Oakland to grow marijuana for patients under the terms of an Oakland marijuana ordinance and a 1996 medical marijuana law passed by California voters.As states allow the use of marijuana for medical purposes--nine do now--how patients obtain the drug becomes a point of contention with the federal government. Cultivation and distribution of marijuana remains a felony under federal law.Breyer said the Rosenthal case had "extraordinarily unique circumstances" and emphasized that his sentencing probably could not be used as a precedent in other medical marijuana litigation."Others are now on notice that a state or municipality cannot legally authorize medical marijuana," the judge said.Rosenthal left the courtroom a free man, having already served a day in prison. The Oakland resident also must pay a fine of $1,300 and will be on probation for 3 years."This is Day One in the crusade to bring down the marijuana laws," said Rosenthal after he was sentenced. "All marijuana should be legal."His attorneys said they still would appeal Rosenthal's conviction on three counts of conspiracy to manufacture marijuana, manufacturing more than 100 marijuana plants and maintaining a place to grow the plants. The first two charges call for a minimum sentence of 5 years in prison."The appeal is the critical part of this," said attorney Dennis Reardon.In refusing to impose the minimum sentence, Breyer invoked a so-called safety valve law that allows a lesser sentence under certain circumstances, such as if the defendant is a non-violent, first-time offender."He recognized that Ed shouldn't be incarcerated for what he did," said Judith Appel, deputy director of legal affairs for Drug Policy Alliance, a national group advocating changes in drug laws.In court, federal prosecutor George Bevin called Rosenthal's marijuana operation "a cash crop" and "a business" and asked for a sentence of 6 1/2 years. The U.S. attorney's office did not comment after the sentencing.Breyer's decision was surprising because he earlier had ruled that medical marijuana could not be used as a legal defense at trial because the federal government does not recognize states' medical marijuana laws.After the January trial, many jurors expressed outrage that they had convicted Rosenthal without hearing all the evidence.Note: 1-day jail term stuns observers.Source: Chicago Tribune (IL)Author:  Jane Meredith Adams, Special to the TribunePublished:  June 5, 2003Copyright: 2003 Chicago Tribune CompanyContact: ctc-TribLetter Tribune.comWebsite: http://www.chicagotribune.com/Related Articles & Web Sites:Drug Policy Alliancehttp://www.drugpolicy.org/Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmCooler Heads Rejoicehttp://cannabisnews.com/news/thread16542.shtmlPot Guru Walks - San Francisco Examinerhttp://cannabisnews.com/news/thread16541.shtmlGuru's Tirade on Marijuana Earns Respect http://cannabisnews.com/news/thread16540.shtml 
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Comment #2 posted by Max Flowers on June 06, 2003 at 11:43:16 PT
Paul
Paul, post the name and address of this federal judge here and I will write him a letter telling him that the eyes of several hundred people are on him as we await his decision, and that we will remember his decision, whether it is the just one (allowing your suit) or the corrupt one (denying it). And I would urge others reading this to do the same.A big part of the problem with all this rotten federal power is that they don't think that anyone is really watching and paying attention to the details. We have to shine a glaring and harsh light on all these kinds of things every time we hear about them developing.
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Comment #1 posted by paulpeterson on June 06, 2003 at 08:50:16 PT
Chicago, home of Al Capone, even hears about this 
The fascist Nazis that control the media in this fascist state lost control for one day. This article even made it into the Republican-drug cartel controlled Chicago Tribune! These goons have refused for years to run any bits complementary to our cause.The ethical SS that took away my law license due to these issues (and a really good INSURANCE FRAUD that I tried to stop and then got clobbered by the PERJURIES, MAIL FRAUDS of the people in the ethical mill that merely wanted to get rid of the WHISTLE BLOWER) now will have to see that the writing is on the wall regarding their rigid adherence to the fascist dictates of the federallies!This is exactly what happened when alcohol prohibition tumbled just like the Berlin wall!How can any federal judge not see the tumble to truth?I'm still waiting for a decision from a federal judge in Chicago (bang bang, rat-a-tat, Al Capone town, remember?) as to whether he will dismiss my lawsuit asking to force the FBI & DOJ to prosecute the ethical goons & Illinois Supreme Court for MAIL FRAUD & PERJURY in documents filed there by them.I'm also asking for the right to start a church under the Religious Freedom Restoration Act of 1993. Guess what the "sacrament" is? No, I'm not from Rome, home of the booze hound church some people call Catholic. Just checking in.
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