Pubdate: Fri, 11 Apr 2003
Source: Tri-Valley Herald (CA)
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.trivalleyherald.com/
Details: http://www.mapinc.org/media/742
Author: Lisa Friedman, Washington Bureau

HOUSE SPEAKER WON'T BACK POT GROWERS

WASHINGTON -- House Speaker Dennis Hastert will not support federal 
legislation to protect pot growers and smokers in states such as 
California, where medical marijuana is legal, a spokesman for the 
Republican leader said Thursday.

Dealing an early and likely fatal blow to the future of the legislation 
inspired by the recent conviction of Oakland cannabis grower Ed Rosenthal, 
Hastert spokesman John Feehery said, "I doubt very seriously that the 
speaker would support that kind of provision."

The Truth in Trials Act, sponsored by Rep. Sam Farr, D-Monterey, and 
supported by Rep. Barbara Lee, D-Oakland, and most other Bay Area 
Democrats, would let individuals accused of violating federal marijuana 
laws introduce evidence showing they possessed, cultivated or distributed 
pot in accordance with state laws.

Rosenthal was convicted in February on federal marijuana charges that carry 
a five-year minimum sentence. Although Rosenthal said he grew pot under 
California's medical marijuana law and the protection of a city ordinance, 
a judge refused to allow that information to be mentioned at trial.

Jurors learned only after they convicted Rosenthal that he had been 
operating under the protection of a city ordinance. Many said they were 
heartsick about the decision they made.

"We were put in the untenable situation of having to pass judgment in a 
case where we were given half the evidence," said Marney Craig of Novato, 
one of the jurors who traveled to Washington, D.C., on Thursday to help 
introduce the legislation.

"We rendered a verdict that was wrong. We convicted a man who was not a 
criminal. Jurors need to hear the whole story," she said.

Alaska, Hawaii, Washington, Oregon, Nevada, Colorado and Maine have medical 
marijuana laws similar to California's.

Only two Republican congressmen, Dana Rohrbacher of Huntington Beach and 
Ron Paul of Texas, support the legislation. Democrats pushing the bill said 
they plan to work on Republican lawmakers in states that have medical 
marijuana laws by making a long-favored GOP argument that state decisions 
should not be overruled by the federal government.

When asked if he felt this was a state's rights issue, Feehery said, "Not 
necessarily." In this case, he said, the state laws are wrong. "Anti-drug 
laws should be strengthened, not weakened."
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MAP posted-by: Alex