GROWER SENTENCED TO ONE DAY

Rosenthal Said Plants Were For Medical Marijuana Program

SAN FRANCISCO - Ed Rosenthal, the self-proclaimed "Guru of Ganja," walked
free Wednesday after a federal judge sentenced him to one day in prison for
growing marijuana Rosenthal said was for medical purposes. He could have
gotten 60 years behind bars.

Rosenthal's case represented the latest clash between state and federal
authorities over the medical use of marijuana. The federal government does
not recognize medical marijuana laws in the nine states, including
California and Colorado, that have them.

Wednesday's decision was met by cheering and applause in the courtroom.
Federal prosecutors had asked for a 61/2-year prison term.

"I think it's a marvelous victory for states' rights and the medical use of
marijuana," said Keith Stroup, executive director of the National
Organization for the Reform of Marijuana Laws. "It sends a strong signal to
the federal government that they should reconsider their current program of
arresting patients and caregivers in California."

In February, a jury concluded Rosenthal was growing more than 100 plants,
conspired to cultivate marijuana and maintained an Oakland warehouse for a
growing operation.

Rosenthal, 58, had said he was acting as an agent for Oakland's medical
marijuana program, an outgrowth of a 1996 medical marijuana initiative
approved by California's voters.

But jurors were not allowed to hear those arguments, and several of them
later said they would have acquitted Rosenthal had they known.

U.S. District Judge Charles Breyer sentenced Rosenthal to one day in prison
on each of three counts, to run concurrently, and then set him free after
declaring Rosenthal had already served that time. Rosenthal also was fined
$1,000 and will be on supervised release for three years. "I take
responsibility for my actions that bring me here today. I took these actions
because my conscience led me to help people who are suffering," Rosenthal
said outside the courtroom. "These laws are doomed."

Prosecutor George Bevan said Rosenthal was not simply helping the ill.

"This operation is a cash cow. He put out thousands and thousands of
plants," Bevan said. "I don't think anyone disagrees with helping sick
people, but as far as we're concerned, it was a business."

Federal law does not permit legalization of marijuana for medical use,
although Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada,
Oregon and Washington allow it.

Colorado's Medicinial Marijuana Registry has 239 people on it, according to
Gaily Kelsey, the administrator. El Paso County represents the highest
number at 19 percent, while Boulder County has 16 people on the registry.

Kelsey said only three of 288 applicants have been denied. Some haven't
reapplied, and nine have died. One person asked that their registration be
revoked because they were employed by the federal government and the
registration threatened their job, Ke lsey said.