News (Media Awareness Project) - US CA: Pot Grower's Sentence: 1 Day |
| Title: | US CA: Pot Grower's Sentence: 1 Day |
| Published On: | 2003-06-05 |
| Source: | Newsday (NY) |
| Fetched On: | 2008-01-20 05:22:47 |
POT GROWER'S SENTENCE: 1 DAY
Judge Cites Medical Use Law
San Francisco - Showing unexpected leniency, a judge sentenced "ganja
guru" Ed Rosenthal yesterday to one day in jail for growing marijuana
in violation of federal law because the pot advocate believed its
cultivation was allowed under California law.
U.S. District Judge Charles Breyer said he gave the light sentence
because of the "extraordinary circumstances" of the case, referring to
the fact that state law allows growing marijuana for medical purposes.
Rosenthal was unaware his conduct was not immunized from federal
prosecution, the judge said.
His case represents 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.
During the trial, the judge declined to allow Rosenthal to present
evidence he had grown the marijuana as an "officer" of the city of
Oakland, which had a medical marijuana program.
As a result, a jury found Rosenthal guilty of violating federal law.
Several jurors tried afterward to recant the verdict when they found
out the circumstances of the case.
"What he did is he made me a felon because he did not allow the jury
to hear the full story," Rosenthal said.
California Attorney General Bill Lockyear also asked Breyer to be
lenient.
Tears welled in Rosenthal's eyes yesterday as the packed courtroom
cheered wildly upon hearing the sentence. A second cheer echoed
minutes later when word arrived to those waiting outside the courtroom.
In imposing the sentence, Breyer noted that Rosenthal, 58, had already
served a day's imprisonment, and the activist went free. Prosecutors
had asked for a 6 1/2-year prison term.
Rosenthal also was fined $1,300 and will be on supervised release for
three years.
"This is day one in the crusade to bring down the marijuana laws, all
marijuana laws," Rosenthal said.
His lawyers said Rosenthal would still appeal because he objected to
the felony conviction.
Judge Cites Medical Use Law
San Francisco - Showing unexpected leniency, a judge sentenced "ganja
guru" Ed Rosenthal yesterday to one day in jail for growing marijuana
in violation of federal law because the pot advocate believed its
cultivation was allowed under California law.
U.S. District Judge Charles Breyer said he gave the light sentence
because of the "extraordinary circumstances" of the case, referring to
the fact that state law allows growing marijuana for medical purposes.
Rosenthal was unaware his conduct was not immunized from federal
prosecution, the judge said.
His case represents 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.
During the trial, the judge declined to allow Rosenthal to present
evidence he had grown the marijuana as an "officer" of the city of
Oakland, which had a medical marijuana program.
As a result, a jury found Rosenthal guilty of violating federal law.
Several jurors tried afterward to recant the verdict when they found
out the circumstances of the case.
"What he did is he made me a felon because he did not allow the jury
to hear the full story," Rosenthal said.
California Attorney General Bill Lockyear also asked Breyer to be
lenient.
Tears welled in Rosenthal's eyes yesterday as the packed courtroom
cheered wildly upon hearing the sentence. A second cheer echoed
minutes later when word arrived to those waiting outside the courtroom.
In imposing the sentence, Breyer noted that Rosenthal, 58, had already
served a day's imprisonment, and the activist went free. Prosecutors
had asked for a 6 1/2-year prison term.
Rosenthal also was fined $1,300 and will be on supervised release for
three years.
"This is day one in the crusade to bring down the marijuana laws, all
marijuana laws," Rosenthal said.
His lawyers said Rosenthal would still appeal because he objected to
the felony conviction.
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