cannabisnews.com: Rosenthal Asks Judge To Dismiss Remaining Charges





Rosenthal Asks Judge To Dismiss Remaining Charges
Posted by CN Staff on May 01, 2007 at 05:50:13 PT
Bay City News Service
Source: San Jose Mercury News 
San Francisco -- Oakland marijuana activist Ed Rosenthal - who previously won the dismissal of tax and money laundering charges - has now asked a federal judge in San Francisco to dismiss the remaining marijuana charges he faces.Rosenthal, 62, is scheduled to go on trial May 14 in the court of U.S. District Judge Charles Breyer on five counts related to alleged growing and selling of marijuana at an Oakland warehouse and a San Francisco dispensary.
The judge is scheduled to consider the motion for dismissal at a pretrial hearing on May 10.In papers filed last week, Rosenthal claims he was unfairly singled out for a retrial in retaliation for exercising his free-speech right to claim his first trial in 2003 was unfair.His lawyers wrote, "The prosecution has targeted Mr. Rosenthal for a retrial despite the fact that he has already served the penalty imposed by the court, precisely because of Mr. Rosenthal's widespread public criticism of the trial."The attorneys also said a retrial would be "pointless" because prosecutors have pledged not to seek a penalty any greater than the one-day sentence Rosenthal received in his first trial in 2003.But prosecutors argued in a response filed this morning that a retrial is well within their mandate to enforce federal criminal laws.Assistant U.S. Attorney George Bevan wrote, "There is no basis in the record to challenge the U.S. attorney's exercise of his prosecutorial discretion as part of the executive branch of the federal government, to carry out this prosecution."Bevan said in the brief that there was no evidence Rosenthal was treated differently from other defendants whose conviction was overturned on appeal and who were ordered to stand a retrial.In his first trial in 2003, Rosenthal was convicted of three marijuana cultivation charges, but a federal appeals court overturned the verdict last year on grounds of juror misconduct and ordered a retrial.Last October, prosecutors obtained a new grand jury indictment charging Rosenthal with five similar marijuana counts and nine additional counts of laundering drug profits and filing false tax returns.But in March, Rosenthal won a ruling in which Breyer dismissed the additional financial charges on the ground that they appeared to vindictive prosecution in relation for Rosenthal's appeal and his public complaints about the fairness of his first trial.In those complaints, Rosenthal charged his first trial was unfair because he wasn't allowed to tell the jury about his claims that he was growing marijuana for patients and helping the city of Oakland carry out his medical marijuana program. Federal courts have ruled that U.S. drug laws make no exception for California's medical marijuana law, a 1996 voter initiative that allows seriously ill patients to use the drug with a doctor's permission.Complete Title: Ed Rosenthal Asks Judge To Dismiss Remaining Marijuana ChargesSource: San Jose Mercury News (CA)Published: April 30, 2007Copyright: 2007 San Jose Mercury NewsContact: letters mercurynews.comWebsite: http://www.mercurynews.com/Related Articles & Web Site:Ed Rosenthal's Pictures & Articles http://freedomtoexhale.com/trialpics.htmU.S. Says To Retry Ganja Guru Ed Rosenthalhttp://cannabisnews.com/news/thread22868.shtmlFederal Prosecutors Will Retry 'Guru of Ganja'http://cannabisnews.com/news/thread22866.shtml 
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Comment #4 posted by FoM on May 01, 2007 at 11:45:53 PT
Group Says Medical Marijuana has No Impact
Q&A: DANA BERNATH: Group Says Medical Marijuana has No Impact on Teen Use May 1, 2007The Marijuana Policy Project, the largest marijuana policy reform organization in the United States, issued a press release this month citing new analysis of study results indicating medical marijuana laws don't increase teen marijuana use.Illinois is not one of the 12 states that have medical marijuana laws (For the record: Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington have such laws). The MPP believes the best way to minimize the harm associated with marijuana is to regulate the drug in a manner similar to alcohol.The study in question is "Marijuana Use by Young People: The Impact of State Medical Marijuana Laws," prepared by researcher Mitch Earlywine, Ph.D., of the State University of New York, and MPP policy experts. It can be downloaded at: http://www.mpp.org/teensComplete Article: http://mywebtimes.com/ottnews/archives/ottawa/display.php?id=296781
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Comment #3 posted by FoM on May 01, 2007 at 11:42:31 PT
DPA: Urging Congress to 'Just Say Know'
Tuesday, May 1, 2007 
URL: http://www.drugpolicy.org/news/050107sayknow.cfm
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Comment #2 posted by FoM on May 01, 2007 at 09:21:03 PT
Cleveland, Ohio: NewsNet5
Penalty For Marijuana Possession Gets Tougher In City***Councilman Zach Reed Introduces Ordinance.*** May 1, 2007CLEVELAND -- Cleveland City Council considered tougher laws for possessing marijuana, NewsChannel5 reported. Councilman Zach Reed introduced the ordinance at Monday night's meeting. Reed wants to increase the penalty for people caught with less than 100 grams of pot. He wants anyone with that much marijuana to be charged with misdemeanor of the fourth degree, which is punishable by spending a maximum of three days in jail and paying a $100 fine. "Increased penalties for possession of smaller amounts of marijuana will help the city more effectively deal with the drug problem on our streets," said Reed. "This is a small step towards cleaning up Cleveland and making a better city for the residents to live in." Currently, anyone caught with less than 100 grams of the illegal substance is charged with a minor misdemeanor, which is a ticketable offense. Copyright 2007 by NewsNet5http://www.newsnet5.com/news/13232390/detail.html
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Comment #1 posted by FoM on May 01, 2007 at 08:17:13 PT
Minnesota Medical Marijuana Bill News
Legislature Poised To OK Marijuana for Medical Use***By Rachel E. Stassen-Berger, Pioneer PressMay 1, 2007The Minnesota Senate today is set to approve the use of marijuana for people who are critically ill or in excruciating pain. The House may soon follow - the measure survived its fifth committee hearing today on a 20-14 vote and will soon be on its way to a floor vote. Although there are differences between the House and Senate measures, both essentially would set up a state system allowing qualified patients to receive marijuana from special nonprofit organizations to ease their pain and symptoms. Backers believe that marijuana can help those patients in ways traditional drugs cannot. Gov. Tim Pawlenty, like many law enforcement organizations, opposes the measure. He has said he will veto it. To read the House measure, go to www.house.mn and search for hf655. To read the Senate measure, go to www.senate.mn and search for sf345. You can also watch the Senate debate, which will start soon after 11 a.m. today, from the Senate site if you click "Watch Live Video." Rachel E. Stassen-Berger can be reached at rstassen-berger pioneerpress.comhttp://www.twincities.com/allheadlines/ci_5792163
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