JUDGE GIVES MARIJUANA GROWER DAY IN JAIL, FINE

SAN FRANCISCO - Convicted marijuana grower Ed Rosenthal was sentenced
to one day in prison and fined $1,000 by a federal judge Wednesday,
the most lenient sentence allowed under law.

Rosenthal had faced a possible sentence of 100 years in prison and a
potential fine of $4.5 million for his conviction in January on felony
charges of marijuana cultivation and conspiracy.

"We are all delighted with what we view as as fair and just a sentence
that could be imposed under the circumstances of Ed having suffered a
conviction," one of Rosenthal's lawyers, Dennis P. Riordan, said.

Federal authorities arrested Rosenthal last year for growing marijuana
to be sold for medicinal uses under the auspices of the city of
Oakland's medicinal marijuana ordinance. Though the Oakland ordinance
is permitted under a 1996 California state proposition, there is no
provision for growing marijuana under federal drug laws.

The judge, Charles R. Breyer of U.S. District Court, had not allowed
Rosenthal to raise medicinal marijuana as a defense at the trial,
leading some jurors to later complain that they had been misled by the
court. After convicting Rosenthal, several jurors publicly requested a
new trial, and when that failed, wrote to Breyer urging leniency.

At a hearing on Wednesday, Breyer said it was reasonable to conclude
that Rosenthal had believed he was acting legally. By making that
determination, the judge was able to skirt some minimum sentence
requirements, which could have put Rosenthal in prison for at least
five years, his lawyers said.

In addition to the fine and day in jail, Breyer sentenced Rosenthal to
three years of court supervision.

"Today has just put my faith back into this judicial system again,"
said Pamela Klarkowski, one of the jurors who had written to the
judge. "It's just wonderful to see mercy involved in our judicial system."

Rosenthal left the courtroom a free man, as Breyer awarded him credit
for a day spent in jail last year.

But Rosenthal, 58, the author of a dozen marijuana self-help books,
declared that Breyer "did me no favors" and "made me a felon" as part
of a "corrupted system."

He called on the judge to resign for not having allowed the medicinal
marijuana defense, and he vowed to fight to overturn laws banning marijuana.

"This is Day 1 in the crusade to bring down the marijuana laws,"
Rosenthal said at a news conference held on a parking lot rented by
his supporters. "The federal government makes no distinction between
medical and recreational marijuana. They're right. All marijuana
should be legal."

Riordan and another of Rosenthal's lawyers, Robert V. Eye, said they
disagreed with Rosenthal's characterization of Breyer. Eye said the
judge's handling of the sentence was a reminder that "justice can be
done." Nonetheless, the two lawyers said, the case would be appealed
in an effort to clear Rosenthal's name.