News (Media Awareness Project) - US CA: Federal Court Frees Marijuana Grower |
| Title: | US CA: Federal Court Frees Marijuana Grower |
| Published On: | 2003-06-05 |
| Source: | Union-News (MA) |
| Fetched On: | 2008-08-25 00:25:20 |
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.
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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