Pubdate: Fri, 11 Jul 2003
Source: Capital Times, The  (WI)
Copyright: 2003 The Capital Times
Contact:  http://www.captimes.com/
Details: http://www.mapinc.org/media/73
Author: Dave Zweifel, Editor of The Capital Times
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal (Rosenthal, Ed)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

WAR ON DRUGS TURNS INTO AN ATROCITY

It didn't get much play here in the Midwest, but the man in a closely
watched marijuana case in California was set free last month despite
the U.S. government's determination to send him to prison for five
years.

Ed Rosenthal of San Francisco had been arrested by the feds for
growing more than 100 marijuana plants. Rosenthal was growing the
plants as an officer under California's medical marijuana law that
allows people to grow pot for medicinal purposes. Marijuana is known
as a significant pain reliever for people with cancer and other
terminal illnesses and some states have approved its use for those
kind of things. (Wisconsin is still not one of them.)

The U.S. Drug Enforcement Administration, which is in charge of the
so-called "war on drugs," refuses to honor the state laws under orders
of John Ashcroft's Justice Department.

So last year the federal narcs nabbed Rosenthal and charged him with a
felony that provides for a five-year minimum prison sentence - sort of
an in-your-face to California.

A federal jury went on to find Rosenthal guilty, but only after
federal prosecutors succeeded in keeping from the jury any information
about Rosenthal's role in the California medical marijuana program.
Later, when newspapers in the Bay area reported Rosenthal's
circumstances, several members of the jury publicly stated they would
have voted to acquit him had they only known.

U.S. District Court Charles Breyer threw the zealous prosecutors a
curve, though, at Rosenthal's sentencing just a few weeks ago.
Although he didn't overturn the conviction, he did declare that
Rosenthal had already been through enough and then snubbed his nose at
the five-year prison minimum and set him free.

That may not be the happy ending that Rosenthal deserves, though. The
U.S. attorney's office is already making noises about appealing
Breyer's arbitrary decision and one agitated federal lawyer pledged to
go all the way to the Supreme Court, if necessary.

There are many questions about the DEA and its hugely expensive, but
painfully inept war on drugs.

The Rosenthal case has at least served as an eye-opener for many on
just how incredibly vindictive that war has become. It also helps
explain why the United States has now become the No. 1 country in the
civilized world - including even Russia - for the number of people
imprisoned per person.

It wastes tens of millions of dollars to prosecute citizens like Ed
Rosenthal for something that some states don't consider a crime and
then to feed and house them in prison.

Ah yes, priorities.
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MAP posted-by: Larry Seguin