News (Media Awareness Project) - US CA: 'Guru of Ganga' Found Guilty of Federal Marijuana Charges |
Title: | US CA: 'Guru of Ganga' Found Guilty of Federal Marijuana Charges |
Published On: | 2003-02-01 |
Source: | Los Angeles Times (CA) |
Fetched On: | 2008-08-28 14:30:32 |
'GURU OF GANJA' FOUND GUILTY OF FEDERAL MARIJUANA CHARGES
California law on medical use was not allowed in author Ed Rosenthal's
defense. He faces a sentence of 10 years to life.
SAN FRANCISCO -- Ed Rosenthal, the author of books on how to grow marijuana
and avoid the law, was found guilty Friday of federal marijuana cultivation
and conspiracy charges.
Deliberating for a day, the 12-member jury concluded that Rosenthal, the
self-described "Guru of Ganja," was growing more than 1,000 plants,
conspiring to cultivate marijuana and maintaining a warehouse for a growing
operation. He faces 10 years to life when sentenced June 4.
Several people in the courtroom, including Rosenthal's wife and daughter,
wept as the verdicts were read by a court clerk.
The verdicts were a victory in the federal government's battle against
California's 1996 voter-approved medical marijuana law. Rosenthal's arrest
last year was among a string of Drug Enforcement Administration raids on
medical marijuana suppliers in California.
Under strict orders from U.S. District Judge Charles Breyer, Rosenthal
couldn't tell the jury he was growing pot as "an officer" for Oakland's
medical marijuana program.
Voters authorized Oakland's program and other medical marijuana providers
across California under Proposition 215. Eight other states also allow the
sick and dying to smoke or grow marijuana with a doctor's recommendation.
But federal authorities do not recognize those laws.
"There is no such thing as medical marijuana," said Richard Meyer, a DEA
spokesman. "We're Americans first, Californians second."
Outside the courtroom, jury foreman Charles Sackett III said jurors
suspected Rosenthal was growing medical marijuana, since a host of
protesters outside the courthouse held constant demonstrations.
Sackett, however, said the jury followed federal law when it reached its
"tough decision."
"We had no legal wiggle room," Sackett said. When asked if he hoped the
verdicts would be overturned on appeal, Sackett replied: "Personally, yes, I
do."
About two dozen protesters were screaming and crying outside the courthouse
after the verdict.
The government portrayed Rosenthal as a major drug supplier. Because federal
laws trump state laws, Breyer ruled that Rosenthal could not defend himself
with Proposition 215. Marijuana, under federal rules, has no medical
benefit.
"He was not trying to grow drugs for illicit purposes," said Nathan Miley, a
former Oakland city councilman.
Rosenthal, who remains free on bail, did not immediately comment, but in
earlier interviews, he said Breyer, brother of Supreme Court Justice Stephen
Breyer, should have stepped down.
"He didn't want the whole truth out," Rosenthal said. Rosenthal has said
he's anything but a drug dealer, noting that the plants agents seized didn't
have buds, the part of the plant normally smoked for a high. He planned to
give out cuttings to seriously ill people.
A founder of the National Organization for the Reform of Marijuana Laws,
Rosenthal used to write the "Ask Ed" column for "High Times" magazine and
has researched and written nearly 20 books on marijuana. Millions of copies
have been sold, with titles such as "The Growers Handbook," "The Big Book of
Buds" and "Ask Ed: Marijuana Law."
Throughout the trial, Rosenthal's lawyers repeatedly tried to get medical
marijuana mentioned. During closing remarks, defense attorney Robert Eye
told jurors: "We don't ask you to check your common sense of justice when
you enter the courtroom."
Rosenthal's lawyers were twice rebuffed by the 9th U.S. Circuit Court of
Appeals in their bid to have the appeals court force Breyer to allow them to
call witnesses to testify that Rosenthal's marijuana was being grown for the
sick and dying.
"No motions for reconsideration, rehearing, clarification ... or any other
submissions shall be filed or entertained," the San Francisco-based appeals
court wrote.
California law on medical use was not allowed in author Ed Rosenthal's
defense. He faces a sentence of 10 years to life.
SAN FRANCISCO -- Ed Rosenthal, the author of books on how to grow marijuana
and avoid the law, was found guilty Friday of federal marijuana cultivation
and conspiracy charges.
Deliberating for a day, the 12-member jury concluded that Rosenthal, the
self-described "Guru of Ganja," was growing more than 1,000 plants,
conspiring to cultivate marijuana and maintaining a warehouse for a growing
operation. He faces 10 years to life when sentenced June 4.
Several people in the courtroom, including Rosenthal's wife and daughter,
wept as the verdicts were read by a court clerk.
The verdicts were a victory in the federal government's battle against
California's 1996 voter-approved medical marijuana law. Rosenthal's arrest
last year was among a string of Drug Enforcement Administration raids on
medical marijuana suppliers in California.
Under strict orders from U.S. District Judge Charles Breyer, Rosenthal
couldn't tell the jury he was growing pot as "an officer" for Oakland's
medical marijuana program.
Voters authorized Oakland's program and other medical marijuana providers
across California under Proposition 215. Eight other states also allow the
sick and dying to smoke or grow marijuana with a doctor's recommendation.
But federal authorities do not recognize those laws.
"There is no such thing as medical marijuana," said Richard Meyer, a DEA
spokesman. "We're Americans first, Californians second."
Outside the courtroom, jury foreman Charles Sackett III said jurors
suspected Rosenthal was growing medical marijuana, since a host of
protesters outside the courthouse held constant demonstrations.
Sackett, however, said the jury followed federal law when it reached its
"tough decision."
"We had no legal wiggle room," Sackett said. When asked if he hoped the
verdicts would be overturned on appeal, Sackett replied: "Personally, yes, I
do."
About two dozen protesters were screaming and crying outside the courthouse
after the verdict.
The government portrayed Rosenthal as a major drug supplier. Because federal
laws trump state laws, Breyer ruled that Rosenthal could not defend himself
with Proposition 215. Marijuana, under federal rules, has no medical
benefit.
"He was not trying to grow drugs for illicit purposes," said Nathan Miley, a
former Oakland city councilman.
Rosenthal, who remains free on bail, did not immediately comment, but in
earlier interviews, he said Breyer, brother of Supreme Court Justice Stephen
Breyer, should have stepped down.
"He didn't want the whole truth out," Rosenthal said. Rosenthal has said
he's anything but a drug dealer, noting that the plants agents seized didn't
have buds, the part of the plant normally smoked for a high. He planned to
give out cuttings to seriously ill people.
A founder of the National Organization for the Reform of Marijuana Laws,
Rosenthal used to write the "Ask Ed" column for "High Times" magazine and
has researched and written nearly 20 books on marijuana. Millions of copies
have been sold, with titles such as "The Growers Handbook," "The Big Book of
Buds" and "Ask Ed: Marijuana Law."
Throughout the trial, Rosenthal's lawyers repeatedly tried to get medical
marijuana mentioned. During closing remarks, defense attorney Robert Eye
told jurors: "We don't ask you to check your common sense of justice when
you enter the courtroom."
Rosenthal's lawyers were twice rebuffed by the 9th U.S. Circuit Court of
Appeals in their bid to have the appeals court force Breyer to allow them to
call witnesses to testify that Rosenthal's marijuana was being grown for the
sick and dying.
"No motions for reconsideration, rehearing, clarification ... or any other
submissions shall be filed or entertained," the San Francisco-based appeals
court wrote.
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