Pubdate: Fri, 06 Jun 2003
Source: The Week Online with DRCNet (US Web)
Contact:  http://www.drcnet.org/
Details: http://www.mapinc.org/media/2514
Author: Phillip S. Smith, Editor
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal

MEDICAL MARIJUANA CULTIVATOR ROSENTHAL SENTENCED TO ONE DAY, PLUS PROBATION

In a public slap in the face to the US Justice Department's jihad
against medical marijuana, US District Court Judge Charles Breyer
refused to send convicted marijuana grower Ed Rosenthal to prison
Wednesday. Rosenthal faced up to 60 years after a federal court jury
found him guilty on federal cultivation and conspiracy charges.
Prosecutors asked for a five-year sentence, but Breyer sentenced
Rosenthal to one day in jail, with credit for time served, and
Rosenthal walked out of the federal courthouse in San Francisco a free
man. Or almost -- he must also serve three years of federal probation.

"The unique, extraordinary circumstances of this case" influenced his
decision, Breyer told the courtroom. Those circumstances include not
only the clash between California and federal medical marijuana law,
but also the huge public outcry generated by Rosenthal's arrest and
conviction.

While Rosenthal has vowed to appeal his conviction, and prosecutors
could attempt to appeal Breyer's light sentence -- a dramatic downward
departure from federal sentencing guidelines -- Rosenthal's court
appearance Wednesday marked the culmination of a case that has
inflamed the medical marijuana community in California and focused a
national and international media spotlight on the Bush
administration's rigid insistence on destroying the medical marijuana
movement. In the last two years, Attorney General John Ashcroft has
repeatedly sent DEA raiders into California to arrest medical
marijuana providers and patients. At least four providers have been
sentenced to federal prison, and more cases are pending.

But Bush, Ashcroft and the DEA have paid a price in public scorn and
repudiation for their attacks on medical marijuana. Editorializing
about the Rosenthal case this weekend, the New York Times called the
verdict against him "a miscarriage of justice" and urged leniency.
Even California's highest law enforcement official, state Attorney
General Bill Lockyer, joined the chorus, feeling the need to remind
Breyer prior to sentencing that Rosenthal had acted in accordance with
California law. Even worse for the administration in public relations
terms was the reaction of the jurors who convicted Rosenthal after
Judge Breyer refused to let him use the California medical marijuana
law in his defense. Upon hearing the rest of the story after finding
Rosenthal guilty, nine of the jurors publicly denounced their verdict
as a travesty of justice. They also publicly urged Breyer to be
lenient in sentencing Rosenthal.

A jubilant and combative Rosenthal emerged from the courthouse to
cheers and thunderous applause from a crowd of sign-waving supporters
outside. "I take responsibility for my actions that bring me here
today," he said. "I took those actions because my conscience led me to
help people who are suffering. This law is doomed," Rosenthal
proclaimed. "This is day one in the crusade to bring down the
marijuana laws, all the marijuana laws."

Marijuana reform groups were quick to claim victory. "This is a
marvelous victory for Ed and arguably for states rights," said the
National Organization for the Reform of Marijuana Law's
(http://www.norml.org) Alan St. Pierre. "It is certainly a victory for
the larger concept of medical marijuana," he told DRCNet.

"When a jury publicly rejects its own verdict, and a federal judge
subverts Congress' system of mandatory minimum sentences to let a
marijuana grower go free, it is clear we have reached a turning
point," said Marijuana Policy Project Project (http://www.mpp.org)
executive director Rob Kampia. "Today marks the beginning of the end
of the federal war on medical marijuana patients."

And while some wondered whether Breyer's sentence would deprive the
movement of a martyr or take the wind out of its sails, Hilary McQuie
of Americans for Safe Access (http://www.safeaccessnow.org) was having
none of that. "We have enough martyrs already," she said. "I don't
want people going to jail. And Ed is an energetic, charismatic public
figure. With Ed out of prison, he'll provide plenty of wind for our
sails," she told DRCNet.

ASA mounted a major campaign to free Rosenthal through a combination
of aggressive tactics and delicate networking. "Public pressure is
critical," said McQuie. "Organizing is critical. Attorney General
Lockyer didn't decide to write that letter by himself. We asked him
to. All of the pressure on Breyer came because ASA and other groups
and individuals did a lot of organizing. Breyer felt the public
pressure, he sought the path of least resistance, and we cut that path
leading to Ed going home this week."

While victory, even a qualified one, is sweet, the battle is far from
over. More federal prosecutions of California medical marijuana
patients and providers are in the pipeline. The next trial scheduled
is that of San Bernadino County patients and growers Anna and Gary
Barrett, who were indicted on federal charges days after a state court
judge threw out state charges, finding they were protected under the
state's Compassionate Use Act. Their trial date is set for July 22.

"ASA will bring all the resources and energy we can to southern
California for the Barrett trial," said McQuie. "We'll do what we can,
but we're calling for the Los Angeles activist base to come together
around this." 
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MAP posted-by: Richard Lake