DISMISSAL SOUGHT IN MEDICAL POT CASE

Lawyers for marijuana authority Ed Rosenthal of Oakland argued Monday the
federal government has singled him out for persecution and prosecution, a
prelude to asking that the drug charges against him be dropped.

They'll be back before U.S. District Judge Charles Breyer of San Francisco
on Wednesday, and the judge has said he'll rule that day on whether to
dismiss the case.

Rosenthal, 58, a widely known marijuana activist and author, was among
those arrested last February when Drug Enforcement Administration agents
raided his home office and other Oakland sites, as well as the Harm
Reduction Center medical marijuana club in San Francisco and the Petaluma
home of Harm Reduction Center founder Ken Hayes.

California law says medical use of marijuana is legal; federal law says it
isn't. Court documents show that the DEA claims Rosenthal and the others
arrested in the Feb. 12 raids were involved not only in a medical marijuana
dispensary, but also in growing marijuana and selling it for profit to
almost anyone, using state law as a smokescreen for illegal activity.

Rosenthal's case has become a rallying point for medical marijuana
activists and even inspired the creation of a new charitable group -- Green
Aid: Medical Marijuana Legal Defense & Education Fund, Inc.

His lawyers on Monday argued selective prosecution motions, claiming DEA
agents targeted Rosenthal as a high-profile marijuana advocate to be raided
on the same day DEA chief Asa Hutchinson was in the Bay Area to speak about
the importance of continuing the war on drugs. The lawyers also argued
their motions to suppress evidence based on problems with the warrant used
in the raids.

On Wednesday, they will argue their motions to dismiss the case based on
grounds of official immunity, due process and lack of jurisdiction. Breyer
indicated that he will rule on those motions the same day, and should the
case continue, will hear expert testimony Thursday on evidence issues.