News (Media Awareness Project) - US CA: Wire: Marijuana Guru Ed Rosenthal Freed After One-Day Sentence |
Title: | US CA: Wire: Marijuana Guru Ed Rosenthal Freed After One-Day Sentence |
Published On: | 2003-06-04 |
Source: | Associated Press (Wire) |
Fetched On: | 2008-01-20 05:27:52 |
MARIJUANA GURU ED ROSENTHAL FREED AFTER ONE-DAY SENTENCE
Ed Rosenthal, the self-proclaimed "Guru of Ganja," walked free
Wednesday after a federal judge sentenced him to one day in prison for
a marijuana conviction. He could have been sentenced to as much as 60
years behind bars.
Rosenthal, convicted in February of growing more than 100 marijuana
plants in an Oakland warehouse, has become the focus of a growing
national debate about medical marijuana and a battle between the
federal government and the nine states that have declared such use
legal.
Rosenthal, 58, has argued his actions were legal under a 1996 law
passed by California voters that allows pot use for medical purposes.
He also said he was acting as an agent for the city of Oakland's
medical marijuana program.
"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."
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 fined $1,000, will be on supervised release for three
years.
The ruling was met by wild cheering and applause in the courtroom.
"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.
"At a time when they should be concerned about terrorism, they are
spending significant resources chasing, arresting and prosecuting
medical marijuana cases."
Several of the jurors who found Rosenthal guilty of marijuana
cultivation later said they would have acquitted him if they had known
he was growing the plants for patients in Oakland. Breyer did not
allow any mention of medical marijuana at the trial.
Last week, California Attorney General Bill Lockyer asked Breyer for
leniency in Rosenthal's sentencing, citing the California
Compassionate Use Act of 1996. The federal probation department
recommended a 21-month prison term. Prosecutors asked for a 6 1/2-year
prison term.
Prosecutor George Bevan said Wednesday that 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. His
cultivation is a direct violation of state laws."
Federal law does not permit legalization of marijuana for medical use,
although Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada,
Oregon and Washington allow it.
Ed Rosenthal, the self-proclaimed "Guru of Ganja," walked free
Wednesday after a federal judge sentenced him to one day in prison for
a marijuana conviction. He could have been sentenced to as much as 60
years behind bars.
Rosenthal, convicted in February of growing more than 100 marijuana
plants in an Oakland warehouse, has become the focus of a growing
national debate about medical marijuana and a battle between the
federal government and the nine states that have declared such use
legal.
Rosenthal, 58, has argued his actions were legal under a 1996 law
passed by California voters that allows pot use for medical purposes.
He also said he was acting as an agent for the city of Oakland's
medical marijuana program.
"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."
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 fined $1,000, will be on supervised release for three
years.
The ruling was met by wild cheering and applause in the courtroom.
"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.
"At a time when they should be concerned about terrorism, they are
spending significant resources chasing, arresting and prosecuting
medical marijuana cases."
Several of the jurors who found Rosenthal guilty of marijuana
cultivation later said they would have acquitted him if they had known
he was growing the plants for patients in Oakland. Breyer did not
allow any mention of medical marijuana at the trial.
Last week, California Attorney General Bill Lockyer asked Breyer for
leniency in Rosenthal's sentencing, citing the California
Compassionate Use Act of 1996. The federal probation department
recommended a 21-month prison term. Prosecutors asked for a 6 1/2-year
prison term.
Prosecutor George Bevan said Wednesday that 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. His
cultivation is a direct violation of state laws."
Federal law does not permit legalization of marijuana for medical use,
although Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada,
Oregon and Washington allow it.
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