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Ed Rosenthal (Marijuana Guru) Trial Update
    #1259775 - 01/29/03 06:54 PM (13 years, 8 months ago)

A federal judge in San Francisco is blocking a jury from hearing evidence that could exculpate an outspoken medical marijuana activist. Ed Rosenthal,who is facing 20 years in prison on federal drug charges, believed himself to be immune from prosecution when he was deputized by the nearby city of Oakland in 1998 to cultivate cannabis for chronically ill patients.

Rosenthal's case is a challenge by federal prosecutors to California's Compassionate Use Act ( Prop. 215 ), a 1996 voter referendum that made the cultivation, possession and consumption of medical marijuana legal in California with a doctor's recommendation. Since the act did not provide for the distribution of medical cannabis, several California cities, including Oakland, have passed ordinances that authorize growers and distributors to meet this need.

Rosenthal, who has written or edited more than a dozen books on marijuana cultivation and social policy, seemed like a good choice as cultivator of Oakland's Medical Marijuana Program. But last February, he became one of the first people indicted by the U.S. Justice Department for providing marijuana to patients in the San Francisco Bay Area.

Rosenthal, 58, is now facing charges of cultivating more than 1,000 marijuana plants at a San Francisco medical marijuana club, conspiracy to grow marijuana, and maintaining a place to grow marijuana at an Oakland warehouse. The warehouse reportedly contained several thousand tiny starter plants that Rosenthal says were intended for distribution to medical marijuana patients who want to grow their own cannabis.

George Bevan Jr., the government's lead prosecutor, had no comment on the proceedings. But Rosenthal says the outcome of his case will determine the government's future approach to medical marijuana, considered by activists to be a sharp wedge in the larger fight against the U.S. government's war on drugs.

''If they win this battle, then I think that the dispensaries in the nine states that have legal medical marijuana are going to be in for a tough time from the federal government,'' says Rosenthal. ''If we win this, it's like taking several bricks out of the bottom of a wall, it weakens the wall so much that it will eventually implode.''

Prop. 215 passed with 68 percent in San Francisco. Many area residents are aware of the ongoing conflict between Prop. 215 and the federal Controlled Substances Act. Richard Meyer, spokesman for the DEA San Francisco field division, notes that under the Controlled Substances Act, marijuana is classified as a Schedule One substance with no medicinal value and a high potential for abuse. Federal agencies have blocked nearly all attempts to conduct scientific studies on medical marijuana.

When U.S. District Judge Charles Breyer asked prospective jurors in Rosenthal's case if they could set aside their potential support for Prop. 215 and enforce possible criminal drug penalties under the Controlled Substances Act, many rebelled. Over half the 77 prospective jurors refused to acknowledge the supremacy of federal law and were excused from the case.

''I feel it is very frustrating when voters in the state of California make a statement on medical marijuana and the government prosecutes," said a juror from Napa, Calif. who was later disqualified. ''I think it should not be a political fight but we should go into the science and figure it out.''

The judge's questions regarding Prop. 215 alerted potential jurors that medical cannabis is an issue in the case. But it's uncertain how much specific information about medical cannabis the judge will permit jurors, or whether jurors will nullify by entering a verdict contrary to the instruction of the court. Jurors who convicted another medical marijuana grower two months ago were outraged when they later learned that their vote had sent him to prison for 10 years.

''It is not the court that placed marijuana in Schedule One; the court is simply following the law,'' said Judge Breyer.

During two weeks of hearings prior to jury selection, Rosenthal's lawyers engaged in a bitter legal struggle with Judge Breyer, who sought to block Rosenthal from using Prop. 215 as a defense against federal charges. Breyer denied defense motions to dismiss the charges based on selective prosecution, lack of jurisdiction, official immunity, and 9th and 10th Amendment arguments.

The defense also argued that the charges should be dismissed on due process grounds because the government's prosecution is a form of entrapment by estoppel. This argument applies when a government agent tells the defendant that certain conduct is legal and the defendant believes the official.

''I was following 215 in good faith,'' argues Rosenthal. ''I had been made an officer of the city and been immunized, and the whole question is whether in spite of all this, the federal government can come in and arbitrarily choose one person to persecute.''

Rosenthal's attorneys presented evidence that the DEA gave assurances to local medical marijuana activists that they would respect California's medical marijuana laws. Several Oakland city officials, including the city attorney and the former head of the Oakland Police Department's Narcotics Division, also testified in pre-trial hearings that they were never told told by the DEA that they were violating federal law and could be subject to federal prosecution.

The City of Oakland sought to protect medical marijuana providers using a provision in the Controlled Substances Act which allows local municipalities to deputize agents of the city and immunize them from civil and criminal liability. This legal exception, known as 885( d ), protects law enforcement agents who possess, buy or sell drugs in the course of their

Judge Breyer rejected the estoppel argument asserting that DEA assurances not to prosecute were hearsay. He also ruled that Oakland city officialswere not authorized to relay such assurances and that lack of swift enforcement action by federal law enforcement did not imply consent. On Jan. 16, Rosenthal's defense team took the unusual step of going over the judge's head by filing a writ with the 9th Circuit Court of Appeals asking them to rule on the entrapment by estoppel defense.

''If this writ were granted, we should ask the judge to pick a new jury because he informed this present jury panel that there was no way to harmonize state law and federal law,'' said Bill Simpich, one of Rosenthal's attorneys. ''We believe that the City of Oakland harmonized
state law with federal law by immunizing Ed.''

Rosenthal's trial is now set to begin on Tuesday, Jan. 21. It is still unclear whether he will take the stand in his own defense, or what the judge will permit him to say. If Rosenthal cannot testify about his state of mind at the time of the alleged crime, he cannot convince the jury that he had no intent to break the law - which is normally required
for conviction.

Judge Breyer is eager to try the Rosenthal case swiftly with little fanfare, but activists are registering their outrage over what they considered a muzzled trial. Outside the San Francisco federal building on the day that prospective jurors were assembling, five demonstrators stood mute with their mouths gagged. They held signs showing a marijuana leaf
which read, ''This is my medicine.''

People excused from the jury said they were aware of the demonstrators. The question now is how much the remaining jurors know about Rosenthal's medical marijuana crop.

-- source

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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: bowling-name]
    #1262500 - 01/30/03 05:02 PM (13 years, 8 months ago)

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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: World Spirit]
    #1265356 - 01/31/03 11:36 AM (13 years, 8 months ago)

Thats pretty raw.
nah actually that sucks big time.

He's gona get alot of time for this just because the government can fuk anyone.

I don't think i could handle being drug off and fucked by the DEA.
I actually feel a slug n my head would be better.

Teach a man to make cakes he will trip for a night. Teach a man to case he will trip forever

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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: bowling-name]
    #1266198 - 01/31/03 05:27 PM (13 years, 8 months ago)

Dark days ahead folks:

Jan. 31, 2003 | SAN FRANCISCO (AP) --
An author of how-to books on growing marijuana and avoiding the law was convicted Friday of marijuana cultivation and conspiracy charges.

The federal jury concluded that Ed Rosenthal, the self-described "Guru of Ganja," was growing more than 100 plants, conspiring to cultivate marijuana and maintaining a warehouse for a growing operation. Rosenthal, 58, faces a maximum of 85 years in prison when sentenced June 4.
Several people in the courtroom, including Rosenthal's wife and daughter, wept as the verdicts were read by a court clerk.

"This was not a trial. It was called a kangaroo trial," Rosenthal, who remains free on bail, said Friday as supporters chanted: "We love you Ed."

The verdicts were a victory in the federal government's battle against California's 1996 voter-approved medical marijuana law. Rosenthal's arrest last year was among a string of Drug Enforcement Administration raids on medical marijuana suppliers in California.
Under strict orders from U.S. District Judge Charles Breyer, Rosenthal was never able to tell the jury that he was growing marijuana as "an officer" for the city of Oakland's medical marijuana program.

Oakland's program and others throughout California were authorized under Proposition 215. Eight other states also allow the sick and dying to smoke or grow marijuana with a doctor's recommendation.

But federal authorities do not recognize those laws.

"There is no such thing as medical marijuana," said Richard Meyer, a DEA spokesman. "We're Americans first, Californians second."

Jury foreman Charles Sackett III said outside court that jurors were following federal law in finding Rosenthal guilty, but he hoped the verdict would be overturned.

"We had no legal wiggle room," Sackett said.

The government essentially portrayed Rosenthal as a major drug supplier. Because federal laws trump state laws, Breyer ruled that Rosenthal could not defend himself under the color of California's Proposition 215. Marijuana, under federal rules, has no recognized medical benefit.

Rosenthal said he's anything but a drug dealer, noting that the plants agents seized didn't have buds, the part of the plant normally smoked for a high. He planned to give out cuttings to seriously ill people.

A founder of the National Organization for the Reform of Marijuana Laws, Rosenthal used to write the "Ask Ed" column for "High Times" magazine, and has researched and written nearly 20 books on marijuana.

Millions of copies have been sold, mostly in the United States, with titles such as "The Growers Handbook," "The Big Book of Buds," and "Ask Ed: Marijuana Law. Don't Get Busted."
[/blue] -- source.

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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: bowling-name]
    #1267869 - 02/01/03 12:03 PM (13 years, 8 months ago)

man that is sad that they are able to hide facts like that from the jurors. i remember reading ask ed when i was a kid. now they got jorge rx or something. i wonder how those jurors felt after they found out they were withheld very important facts of the case. and in the end they sent a man to prision for what he did. i can see the gov. making him out to be a big drug lord. "dark days ahead", so true.


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Rosenthal Remains Free as Jurors Decry Their Own Verdict [Re: bowling-name]
    #1279733 - 02/04/03 09:22 PM (13 years, 8 months ago)

In a courtroom crowded with medical marijuana advocates wearing "Free Ed" buttons, a federal judge said Tuesday that convicted marijuana guru Ed Rosenthal is not a flight risk and allowed him to remain free on $200,000 bail pending his June sentencing.

Prosecutors asked U.S. District Judge Charles Breyer to revoke the bail of Rosenthal, who faces up to an 85-year prison term when he is sentenced June 4, saying that they believed Rosenthal was a flight risk. After Breyer refused that request, Rosenthal shook hands and exchanged hugs with many supporters in the courtroom.

Rosenthal, 58, the self-described "Guru of Ganja," was convicted last Friday of cultivation and other drug charges by a jury that almost immediately questioned its own verdict. Several jurors have said they would have acquitted him had they been told he was growing medical marijuana for the city of Oakland.

"I never want to see this happen again," said jury foreman Charles Sackett, 51 of Sebastopol, reading an apology letter to Rosenthal outside the federal courthouse. "We had the integrity to follow the letter of the law in federal court. Yet I must admit that court played unfairly."

Other jurors agreed. Five of the jurors and one alternate were in the courtroom during Tuesday's bail hearing, and outside of court they said they had heard support for their actions from two others.

During the hearing Tuesday, prosecutors said that regardless of Rosenthal's position with the city, he was not a public official and the number of plants Rosenthal cultivated was still a violation of state law.

Rosenthal, who appeared outside of the San Francisco courthouse flanked on either side by his wife and 12-year-old daughter, said he doesn't blame the jurors for his conviction.
"Both the jury and I were victims of persecution, of an illegal government action," Rosenthal said, standing in front of about 30 medical marijuana advocates outside of federal court. "I have no regrets. I was helping patients."

After a two-week trial, the 12-member jury unanimously concluded that Rosenthal, a world-renowned marijuana advocate, was growing more than 100 plants, conspiring to cultivate marijuana and maintaining an Oakland warehouse for a growing operation. He was painted as a major drug manufacturer and put on little defense.

The jury was not told that Rosenthal was acting as an agent of the city of Oakland's medical marijuana program, which was an outgrowth of a 1996 medical marijuana initiative approved by California's voters.

"It's the most horrible mistake I've ever made," said juror Marney Craig, a 58-year-old Novato property manager. "I feel like we were sheep. We were manipulated."

Medical marijuana advocates gathered outside of the San Francisco courthouse both before and after Rosenthal's bail hearing, holding signs reading "Ask feds, free Ed" and "Ed is a Hero," while passing cars honked and waved in support. Those gathered, chanted "Ed we love you, we support you," when Rosenthal emerged after his hearing.

"I think that it is illegal, immoral and unethical that the jury wasn't informed that Rosenthal was deputized by the city of Oakland," said Eva Konigsberg, a 48-year-old financial consultant from Oakland, who held a sign saying "Don't throw Ed in Breyer's patch, 20 to life."

Throughout the two-week trial, Rosenthal's defense team repeatedly tried to call witnesses to testify that Rosenthal was growing medical marijuana. The judge denied those requests. The 9th U.S. Circuit Court of Appeals sided with the judge twice during mid-trial appeals.

After the verdicts were read, Rosenthal called Breyer's courtroom a "kangaroo" court.
Federal authorities have waged a campaign against the law, raiding California providers of medical marijuana. Rosenthal was arrested in one such crackdown last year.

Still, legal experts said Judge Breyer, brother of U.S. Supreme Court Justice Stephen Breyer, had federal precedent on his side when excluding defense witnesses.

Also backing Breyer, experts say, was a ruling by the U.S. Supreme Court two years ago prohibiting advocates for the sick and dying from doling out marijuana to those with a doctor's recommendation. That decision prompted a string of raids on medical marijuana growing operations throughout California. In addition, the federal government does not recognize the medical marijuana laws in nine states that have them.

Even so, some of the jurors on Rosenthal's case feel duped.

Invoking the image of Lady Justice, Craig said that the jury "allowed ourselves to be blindfolded" while the scales of evidence were uneven. She said the jurors are asking that Rosenthal receive a new trial.

Sackett said he hopes Rosenthal's case is overturned on appeal.

"I ask myself how could this have happened?" he said reading the apology letter. "The answer is that we as a jury were kept in the dark."

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Re: Rosenthal Remains Free as Jurors Decry Their Own Verdict [Re: bowling-name]
    #1324593 - 02/21/03 11:53 AM (13 years, 8 months ago)

A Marijuana Crusader Defends His Healing Mission


February 21, 2003

There is no doubt among knowledgeable physicians and researchers that marijuana is a medicine. It has proven anti-spasmodic, analgesic and anti-nausea properties, and has an incredible safety record. There are no recorded deaths from its use and overindulgence results in drowsiness and a sound sleep.

In the San Francisco Bay Area, where I live, we have an especially high percentage of HIV/AIDS cases. Three of my own neighbors have died from this disease. Although there was interest in marijuana as a medicine for glaucoma and other conditions before the epidemic, it was marijuana's unique qualities in relieving AIDS symptoms that first attracted patients to it. It allowed them to take their drug cocktail and still lead regular lives. Tens of thousands of victims of HIV/AIDS, multiple sclerosis, muscular dystrophy and cancer therapy find marijuana to be the only medicine that relieves pain and nausea without drugging them into semi-consciousness.

The federal government, though, contends that there is no such thing as "medical marijuana." It closed the doors to new applicants for its Federal Compassionate Use Program, which dispenses government-approved marijuana, when floods of applications came in from HIV/AIDS patients. When nongovernmental compassion programs began to form and states approached the issue, the federal government and its drug agency, the Drug Enforcement Administration, claimed that medical cannabis was just a ruse, and that medical providers who distributed marijuana were merely sophisticated street dealers.

There are several reasons why the federal government opposes legalization. They revolve around politics and ideology rather than science and experience. First and foremost, though, it is an issue of jobs.

Just a few facts bring this into perspective. Seven percent of the total criminal justice system expenditures are spent jailing marijuana users. Total government expenditures on marijuana law enforcement are $15 billion a year. In 2002, there were 735,000 arrests on marijuana charges, and 88% of those arrests were for simple possession. Today there are 100,000 prisoners serving time for marijuana convictions. Think of the number of police officers, judges, lawyers and prison guards ? not to mention prison construction firms and other providers of basic prison services ? who are employed through marijuana's criminalization.

It is apparent by any measure that the marijuana laws are more harmful to society and to the individual than the behavior they are attempting to regulate. Yet the federal government views any legalization of marijuana, even for sick people, as a threat to its prohibition ? in which it has a vested interest. No matter that medicinal and recreational use are separate issues, just as they are with opiates and other drugs ? official rhetoric about the issue of marijuana suggests that the general populace is unable to make such a distinction.

In actuality, the DEA and federal officials are the ones who are unwilling to make this distinction. Acknowledging that marijuana has any medicinal use undermines the DEA's categorization of marijuana as a Schedule 1 drug, a category that is reserved for highly addictive drugs with no safe medicinal applications. If the medicinal value of marijuana were acknowledged, marijuana would have to be placed in a less restrictive category ? such as Schedule 2, along with morphine, cocaine and methamphetamines. The government claims that acknowledging the medicinal value of marijuana would weaken marijuana laws as a whole.

The Bible also has quite a few laws. Most of them are admonitions against sins of commission. We learn about people who commit these sins all the time in the news: robbers, murderers, liars and other miscreants. These are the easy laws. They are clear-cut. Don't kill, don't steal, don't bear false witness, don't stray into adultery. All of these commandments have something in common: There is a victim who is hurt by the transgression.

I was faced with a different kind of dilemma ? that of committing a sin of omission ? when the Oakland City Council appointed me an officer in 1998, thereby authorizing me to provide medical marijuana to patients and to induct other people into that service. I had skills in plant-growing techniques that few others had, and knew that my training could be used to alleviate pain and suffering.

Yet I hesitated out of fear of government retribution, even though as a city officer I was assured of my immunity from prosecution. Ultimately, I decided to pitch in and, I believe, made great efforts to alleviate pain and suffering.

The federal government obviously thought otherwise. A year ago, agents of the DEA, FBI and Internal Revenue Service raided my garden and arrested me. I was charged with marijuana cultivation, conspiracy and maintaining a place where the marijuana was grown. I now face up to 25 years in jail, although the judge has implied that he plans to grant me a minimal sentence. I was released on a $200,000 property bond on $500,000 bail. No matter the outcome of my sentencing, I don't regret helping the sick. My conscience is clear.

In pre-trial motions, the judge ruled that a literal reading of the federal law, which Oakland cited when conferring immunity, was in fact a misinterpretation. At trial, I was not allowed to disclose to the jury that I was an officer of Oakland, that the marijuana was distributed for medical purposes or that I had been led to believe that what I was doing was legal.

Even more tragic for our democracy, both prosecutor and judge ordered the jurors to choose law over justice, lies over truth. But most disturbing of all is that both the prosecutor and judge want to close dispensaries altogether, forcing patients who rely on medical marijuana back to the black market. They don't seem to care about the 30,000 patients' health or quality of life. They treat the ill as criminals. Ultimately, they will have to deal with their sins of commission.

Ed Rosenthal, a columnist, is the author and editor of more than a dozen books. He is currently awaiting sentencing following his conviction on three felony charges for his participation in implementing California's medical marijuana program.

Edited by Hermes_br (02/21/03 12:29 PM)

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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: bowling-name]
    #1336103 - 02/25/03 09:34 PM (13 years, 7 months ago)

I have the ut most respect for ole Ed... Not only did his books teach me the basics, but he also published many of the letters and small articles that I submitted to the mag.... I honestly think that somhow I actually taught him a thing or two... but perhaps thats just an ego trip.

I surely hope all will protest this case. It's obvious that some things were kept from the jury (that it was being grown for medical use- which is LEGAL in that state).

Another example of the Feds trying to take out our leaders one by one... First Ed... now the PF site.... and I dont feel that it's gonna stop here either. If the feds get there way it will be ileagle to even TALK about drugs..... Just imagine our first admendment right is atcually being considered void when it comes to talking about how to make/use drugs!! - This is an outrage to say the least.

FREE ED!! :mad: 


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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: bowling-name]
    #1343231 - 02/28/03 04:20 PM (13 years, 7 months ago)

Unreal...All I can say is... Total injustice..

FREE ED.........


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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: bowling-name]
    #1344729 - 03/01/03 11:41 AM (13 years, 7 months ago)

Man this really saddens me. I feel bad for Ed. I hope he flees the bail. He is certainly loved all around the world and Im sure he has plenty of places he could stay other then in the U.S. and in a prison cell.

It really disgusts me me that they witheld information, such as him being an appointed officer by the city of Oakland.
And the judge wouldnt even allow some people to testify that were important to the case. Sounds like the judge had his mind made up from the beginning of what he wanted for this trial.

Our governments war on drugs has just got out of hand.

Sacred Mushroom Spores

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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: Ryche Hawk]
    #1348344 - 03/03/03 07:43 AM (13 years, 7 months ago)

i have to say that fleeing bail would be one of the worst things he could do. so far he is a martyr. the innocent being punished. when he flees bail he not only breaks a law he also makes himself appear guilty of what he is being accused of. i have much respect for this man.

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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: debianlinux]
    #1350009 - 03/04/03 02:04 PM (13 years, 7 months ago)

Marijuana is illegal at the federal level, enough said. It is sad, but it is the law.

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Re: Ed Rosenthal (Marijuana Guru) Trial Update [Re: ]
    #1414299 - 03/27/03 01:15 PM (13 years, 6 months ago)

what happens when the Fed clashes with State?


(support your local militia)

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