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News (Media Awareness Project) - US CA: Wire: Jury Finds California Marijuana Guru Guilty
Title:US CA: Wire: Jury Finds California Marijuana Guru Guilty
Published On:2003-01-31
Source:Reuters (Wire)
Fetched On:2008-01-21 13:00:57
JURY FINDS CALIFORNIA MARIJUANA GURU GUILTY

SAN FRANCISCO, Jan 31 (Reuters) - A San Francisco jury on Friday convicted a
pro-marijuana movement guru on charges of growing the drug -- a verdict that
could land him in prison for life even though California deems his actions
legal.

Ed Rosenthal, 58, an outspoken columnist who has written many books on
marijuana, was charged with three counts of growing the weed in a case that
pitted a strict federal law against more liberal California rules that allow
the cultivation and use of the drug for medicinal uses.

Rosenthal's family and adolescent daughter, who on Thursday told Reuters her
life would be ruined if her father was convicted, sobbed as the verdict was
read. He faces a maximum life in prison when he is sentenced for the
marijuana cultivation and conspiracy charges.

"Rosenthal is the first sacrificial lamb here," Peter Keane, dean of Golden
Gate University Law School told local KCBS radio. "It is a very harsh
sentence."

The U.S. federal court case marked the latest battle over medical marijuana
between the nation's most populous state and the federal government, which
has recently been cracking down on California clubs providing the drug to
ill patients.

Federal agents late last year also arrested the husband and wife team
instrumental in drafting the trailblazing 1996 California law that allowed
patients and their care-givers to grow marijuana for their own medicine.

DEFENSE HAMSTRUNG

Nine states, including California, allow medical use of marijuana under
state law as the drug can relieves pain and nausea and increase appetite.
Yet it is outlawed in most of the United States because of the high it
produces.

Rosenthal's attorney had appealed to the jury's "sense of justice" to reject
the charges, earning a rebuke from the judge and the prosecution in the
case.

"Is this really a case of getting dangerous drugs off the street? Of course
not," defense attorney Robert Eye said.

"Cultivation of marijuana is a federal offense, period. Nothing else
matters," responded Assistant U.S. Attorney George Bevan in closing
arguments on Thursday.

The author of "Marijuana Grower's Handbook: The Indoor High Yield Guide" and
"Marijuana Question? Ask Ed", Rosenthal was charged with growing more than
3,000 marijuana plants for distribution to medical marijuana clubs.

His defense, however, was hamstrung in part by the judge's ruling that
Rosenthal was unable to tell the jury he was cultivating marijuana with the
blessing of the city of Oakland for its medical marijuana program.

"What the government wants to do is put a saw via the court through the
whole medical marijuana movement," he said on Thursday. "I think to the
government I was a trophy."

The jury deliberated less than a day with the evidence -- six sealed boxes
filled with marijuana plants -- placed in their jury room at the defense
lawyer's request.
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