NO HERO JUDGE

Songwriter and producer Bernie Haisch had barely posted the lyrics and
the MP3 download to his pop ballad about marijuana hero Ed Rosenthal
(www.una-aria.com) than Judge Breyer came along Wednesday and
sentenced Rosenthal to one day, time served, for growing plants for
the medical marijuana patients, which was legal under California law
but illegal under federal law. Before that ballad is withdrawn from
popular consumption (because of Rosenthal's victory as heralded by
today's newspaper headlines), check it out as that ode should stay out
there; as victories go, this is draconian re: Rosenthal, and appeals
are mandatory.

Not only does Rosenthal have to pay a fine (which he should not pay)
but the bud expert is on three years probation to the federales - and
he better not sniff the growing flower of one of his beloved plants or
the feds might just grab him again on more heinous charges of
violating probation.

The issue here is that Rosenthal should pay no fine nor be on
probation, nor should he have any felony convictions on his record
because what he did was right and the federal law - and the judge in
his case - were wrong.

Before the liberally inclined among us applaud Judge Breyer's lenient
sentence, it should be observed that the judge was saving his own
skin, not that of Rosenthal, who was treated with an attitude
approaching contempt by the bench throughout the trial.

Judge Breyer was roundly criticized from stuffy law journals to the
huffy editorial page of the New York Times for his refusal to let the
jury hear about the California law under which Rosenthal was deputized
to grow plants - if it is legal to smoke medical marijuna, how in
blazes are people going to get it to smoke if it can't be grown?

The betting in the legal fraternity was that had a stiff sentence
against Rosenthal gone to the Supreme Court, as it surely would have,
California federal Judge Breyer could, and maybe would, have been
reversed by his brother on the Supremes. That would be supremely
embarrassing to any overachiever, no?