cannabisnews.com: Author, Others Battle for Marijuana Rights





Author, Others Battle for Marijuana Rights
Posted by CN Staff on January 21, 2003 at 14:54:57 PT
By David Kravets, Associated Press
Source: Associated Press
The federal marijuana cultivation trial of former High Times columnist Ed Rosenthal began Tuesday like so many drug cases. Prosecutor George Bevan told jurors that agents seized some 3,000 plants growing in Rosenthal's warehouse in Oakland. "It's a federal offense," Bevan said.But this is no routine drug prosecution for a man whose column and books preach the gospel on tips for growing marijuana and evading the law. Rosenthal says he was growing medical marijuana, "to help the sick," which is legal under California law and in seven other states.
Alaska, Arizona, California, Colorado, Hawaii, Maine, Oregon and Washington allow the infirm to receive, possess, grow or smoke marijuana for medical purposes without fear of state prosecution.Rosenthal's case and others are an outgrowth of the government's drug war, two years after the U.S. Supreme Court said it was a violation of federal drug laws for medical marijuana clubs to dispense pot to the sick.Armed with the Supreme Court's ruling, the government has raided several medical marijuana clubs and growing operations throughout California over the objection of marijuana advocates, local prosecutors and officials.But Rosenthal and other medical marijuana advocates have taken the offensive with fresh legal attacks of their own, opening a Pandora's box of legal questions. And these challenges, which are failing in the lower federal courts, will soon reach the Supreme Court, which may not have written the final word on the topic.In May 2001, the high court said that the pot clubs could not dole out marijuana based on a so-called "medical necessity" need of the patients.Justice Clarence Thomas wrote that an Oakland pot club could not defend its actions against federal drug laws by declaring it was dispensing marijuana to the medically needy.But the justices said they addressed only the issue of a so-called "medical necessity defense" being at odds with a 1970 federal law that marijuana, like heroin and LSD, has no medical benefits and cannot be dispensed or prescribed by doctors.Thomas wrote that important and unresolved constitutional questions remained, such as Congress' ability to interfere with intrastate commerce, the right of states to experiment with their own laws and whether Americans have a fundamental right to marijuana as an avenue to be free of pain. Justice Thomas wrote that the court would not decide those "underlying constitutional issues today."Rosenthal, 58, who faces a maximum life term if convicted, said he and his attorneys made all those arguments in a bid to have the case dismissed."But the judge won't let them in," Rosenthal said, adding that he would appeal his case if convicted.U.S. District Judge Charles Breyer also ruled that jurors cannot be told why Rosenthal was growing marijuana."You can certainly raise that on appeal," Breyer said in an angry exchange with Rosenthal's lawyers during a break Tuesday.In another case invoking Justice Thomas' comments, Angel Raich has sued the federal government to allow her to smoke marijuana without the fear of prosecution and to allow others to grow it for her.The 37-year-old Oakland woman has a variety of ailments, including scoliosis, a brain tumor, chronic nausea, fatigue and pain. She said she was partially paralyzed on the right side of her body until she started smoking marijuana."I began to get this tingling sensation," Raich said. "It was electric."Her doctor, Frank Lucido of Berkeley, said he and other doctors have tried about three dozen drugs to alleviate Raich's pain. None worked, and they each provoked violent nausea."It would be medical malpractice to keep trying new drugs," Lucido said.Raich's husband and attorney, Robert Raich, is the same Oakland lawyer who lost the original medical marijuana case before the Supreme Court nearly two years ago. He has taken up his wife's case and renewed the battle for the Oakland pot club he originally represented before the Supreme Court."We are taking Justice Thomas' comments to heart," he said. "We are laying the framework to get to the Supreme Court again."Editors: David Kravets has been covering state and federal courts for a decade.Complete Title: Marijuana Author, Others Battle for Marijuana RightsSource: Associated Press Author: David Kravets, Associated PressPublished:  Tuesday, January 21, 2003Copyright: 2003 Associated Press Related Articles & Web Sites:OCBChttp://www.rxcbc.org/Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmOakland Authority on Medical Pot Faces Trial http://cannabisnews.com/news/thread15241.shtmlClash on Medical Marijuana Puts a Grower in Courthttp://cannabisnews.com/news/thread15236.shtmlGrowers File Suit To Stop Federal Raids http://cannabisnews.com/news/thread14412.shtmlMedicinal Pot Users Renew Legal Challenge http://cannabisnews.com/news/thread14410.shtml
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Comment #5 posted by FoM on January 21, 2003 at 21:02:48 PT
News Brief - Bay City News Report  
Bay Area News Roundup Local news all the time Bay City News Report  Tuesday, January 21, 2003  A prosecutor told jurors today that he will present evidence showing that Oakland marijuana author Edward Rosenthal grew thousands of marijuana plants in violation of federal marijuana laws. In his opening statement in Rosenthal's trial in federal court in San Francisco, Assistant U.S. Attorney George Bevan Jr. said, "This case is about growing marijuana indoors." Rosenthal, 58, who has written several books about marijuana cultivation as well as a marijuana column for an alternative newspaper, is charged with crimes that include growing more than 100 marijuana plants and conspiring to grow more than 1,000 plants. If convicted of conspiracy and marijuana cultivation charges, Rosenthal could be sentenced from 10 years to life in federal prison. Defense attorney Robert Eye elected to reserve his opening statement until after the prosecution rests its case later in the week. Eye has argued that Rosenthal only grew marijuana for medical use, but U.S. District Court Judge Charles Breyer has ruled that medical marijuana is irrelevant to the case. 
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Comment #4 posted by FoM on January 21, 2003 at 20:35:41 PT
News Article from KPIX-TV 5 San Francisco
Medical Pot Case Goes to Federal Court 
Bill Schechner 01-21-2003 http://beta.kpix.com/As supporters and medical marijuana users waited outside, federal prosecutors Tuesday began presenting evidence -- including video tapes of an Oakland indoor marijuana farm -- in what could be a key case in the collision between federal drug laws banning marijuana and California's proposition 215, permitting medical marijuana.The case stems from federal raids, where local police were not even notified, upon several marijuana clubs, including one in San Francisco. It was distributing marijuana grown by Ed Rosenthal of Oakland, well known as the writer of many books about growing marijuana and its medical uses. At the time of the arrest, he was working with Oakland officials to provide regulated medical marijuana. Regardless, he was charged, and his growing operation busted."I was enforcing Oakland laws. It's as simple as that," said Rosenthal. "I'm in the middle of a conflict between federal and state governments."But Rosenthal's defense hasn't reached the jury. So far, federal judge Charles Breyer has ruled it out, saying the only issue is whether he's broken federal law.Last year's raids set off protests and triggered letters from state officials complaining California was being punished. But the federal drug enforcement chief Asa Hutchinson defended them at the time."We're going after the major traffickers," said Hutchinson. "If that leads us to a cannabis club... then we have an obligation under the law to enforce it."At this point, says Peter Keane, dean of Golden Gate Law School, federal law rules. But the marijuana issue smolders."The fact that Rosenthal was furnishing this marijuana for the purpose of medical treatment could create a separate defense, as opposed to someone out on the street selling marijuana," Keane said.Rosenthal, who's married with a daughter, says he didn't intend for this to happen. But it has. And his case could be the vehicle for settling a major constitutional issue.Direct Link: http://beta.kpix.com/news/local/2003/01/21/Medical_Pot_Case_Goes_to_Federal_Court.html
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Comment #3 posted by AlvinCool on January 21, 2003 at 18:40:02 PT
Guys Guys!
They are going to win the only way they can. By excluding all public opinion. It's really quite simple for them, federal law, since the early 60's, just doesn't have any room for what the public needs or wants. The issue is completely divided. So they just look at the jury pool and say, "Anyone that will convict this man step forward.". Out of 200 citizens 15 closed minded people were there. That would mean about 7% of the people, randomly picked, will now support the government. Lets just hope one of them is a good liar and actually supports Ed. I believe all 12 must go for guilty or it's a hung trial.
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Comment #2 posted by jsm on January 21, 2003 at 18:30:54 PT
Only word to the describe this...
KANGAROO COURT: usually disregarding or parodying existing principles of law, human rights, etc...Someone should step up and present Judge Breyer his very own personalized Kangaroo Suit. It would fit so nicely.         
           
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Comment #1 posted by mayan on January 21, 2003 at 18:12:05 PT
Fixed
U.S. District Judge Charles Breyer also ruled that jurors cannot be told why Rosenthal was growing marijuana."You can certainly raise that on appeal," Breyer said in an angry exchange with Rosenthal's lawyers during a break Tuesday.It looks like Breyer has already decided the outcome of this case! It is sad that the facts cannot be presented in this obviously fixed trial. I'm sure Canada will embrace you, Ed! God be with you.The way out is the way in - 9/11 Truth Alliance:
http://unansweredquestions.org/alliance/index.html9/11 Exposed:
http://www.911exposed.com/Sept. 11 panel faces pressures of time, money, high expectations:
http://www.stamfordadvocate.com/news/local/state/hc-20094115.apds.m0628.bc-ct--attajan20,0,102228.story?coll=hc-headlines-local-wire
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