Pubdate: Sun, 18 May 2003
Source: New York Times (NY)
Copyright: 2003 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: The Associated Press
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal

JUDGE SAYS JURORS CAN'T RETRY CONVICTED MARIJUANA GROWER

SAN FRANCISCO, May 17 - A federal judge has denied a new trial for
an advocate of medicinal marijuana, Ed Rosenthal.

In his decision on Friday the judge, Charles R. Breyer of Federal
District Court, upheld Mr. Rosenthal's conviction in February on
charges of growing marijuana.

Mr. Rosenthal, 58, faces up to 85 years in prison when he is sentenced
on June 4.

Mr. Rosenthal says that he grew medical marijuana under a 1996 law
approved by California voters, and that he was authorized by the City
of Oakland to do so.

But Judge Breyer prohibited the jury from hearing any evidence of
that, and Mr. Rosenthal was described at his trial as a major drug
supplier growing thousands of marijuana plants.

His prosecution underscored the federal government's position that
medical marijuana was illegal, that the drug had no medical value and
that the will of California voters had no effect on federal drug law.

In a recent interview, however, the attorney general of California,
Bill Lockyer, said Mr. Rosenthal's actions were legal under state law.

After the trial, jurors said they were not told that Mr. Rosenthal was
growing marijuana for medical purposes or that Oakland officials had
permitted it. Five jurors issued a letter of apology and asked Judge
Breyer to grant Mr. Rosenthal a new trial.

In a 27-page opinion, Judge Breyer upheld his decision to exclude a
medical-marijuana defense.

"Since the Civil War this country has recognized that whatever the
views of local governments, such views do not control the enforcement
of federal law," he wrote.

In a telephone interview from his home in Oakland, Mr. Rosenthal said
he would appeal his conviction to the United States Court of Appeals
for the Ninth Circuit.
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