Pubdate: Thu, 05 Jun 2003
Source: Union-News (MA)
Copyright: 2003 Union-News
Contact:  http://www.masslive.com/unionnews/index.ssf
Details: http://www.mapinc.org/media/860
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal

FEDERAL COURT FREES MARIJUANA GROWER

SAN FRANCISCO - Ed Rosenthal, the self-proclaimed "Guru of Ganja," walked 
free yesterday after a federal judge sentenced him to just one day in 
prison for growing marijuana Rosenthal said was for medical purposes. He 
could have gotten 60 years behind bars.

U.S. District Judge Charles Breyer said Rosenthal genuinely believed that 
what he was doing was not against the law. "He was unaware his conduct was 
not immunized from federal prosecution," the judge said. Rosenthal's case 
represented the latest clash between state and federal authorities over the 
medical use of marijuana. The federal government does not recognize medical 
marijuana laws in California and the eight other states that have them.

Yesterday's decision was met by cheers and applause in the courtroom. 
Federal prosecutors had asked for a 6 1/2-year prison term.

"I think it's a marvelous victory for states' rights and the medical use of 
marijuana," said Keith Stroup, executive director of the National 
Organization for the Reform of Marijuana Laws. "It sends a strong signal to 
the federal government that they should reconsider their current program of 
arresting patients and caregivers in California."

In January, a jury concluded Rosenthal was growing more than 100 plants, 
conspired to cultivate marijuana, and maintained an Oakland warehouse for a 
growing operation.

Rosenthal, 58, had said he was acting as an agent for Oakland's medical 
marijuana program, an outgrowth of a 1996 measure approved by California's 
voters that allows sick people to obtain marijuana with a letter from a doctor.

But the judge did not allow the jurors to hear those arguments, and several 
of them later said they would have acquitted Rosenthal had they known.

The judge sentenced Rosenthal to one day in prison, then set him free after 
crediting him with time already served, saying the defendant "had a 
reasonable belief that what he did was not contrary to law."

Rosenthal also was fined $1,300 and will be on supervised release for three 
years.
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