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The first stage of a trial for an Oakland marijuana author began in a
federal courtroom in San Francisco this morning with the start of jury
selection.

Edward Rosenthal, 58, is accused of conspiring to grow more than 1,000
marijuana plants, actually growing more than 100 plants, and maintaining
premises for marijuana cultivation at a former Oakland warehouse.

Rosenthal has written several books about marijuana cultivation as well as
a marijuana column for an alternative newspaper.

If convicted, he could face a lengthy sentence. The conspiracy charge
carries a mandatory 10-year sentence upon conviction. The cultivation
charge carries a mandatory five-year term and the marijuana premises charge
has a term of up to 20 years in prison.

The trial in the court of U.S. District Judge Charles Breyer is scheduled
to begin on Jan. 21.

Potential jurors were asked this morning whether they have strong views
about marijuana laws and whether they could apply a federal law that makes
it a crime to cultivate marijuana.

Over the past several days, Breyer turned down several defense motions for
dismissal of the charges. In one argument, Rosenthal contended that he had
reason to believe he would not be prosecuted for helping to provide
marijuana to aid seriously ill patients under the state's Compassionate Use
Act.

But the judge said that federal law supersedes the state law and Rosenthal
did not prove that any federal officials led him to believe he would not be
prosecuted in federal court.

Breyer is the same judge who presided over a civil case filed by the U.S.
Justice Department that forced that Oakland Cannabis Buyers' Cooperative to
stop dispensing medical marijuana.

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