cannabisnews.com: High Crimes? High Crimes? Posted by CN Staff on February 21, 2003 at 19:03:44 PT By Stone Phillips, Dateline NBC Source: Dateline NBC He’s a best-selling author who’s caught in a real-life cliffhanger. Arrested, accused and convicted of high crimes, he may be writing his next chapters in prison. But the jurors who found him guilty are now feeling guilty themselves. It all centers on a growing controversy that could be headed to your state, about the law of the land, the will of the people, and what can happen when they clash. Over the years “Dateline” has interviewed many juries, but what these jurors had to say was truly remarkable. The man Jurors are calling a hero, is the very man they just convicted for violating federal anti-drug laws. Marney-I don’t think there’s anything we can do to ever make up for the mistake that we made. A mistake? What happened that led these jurors to recant their own verdict, and hold a press conference to apologize for what they’d done? Welcome to the very unusual case of the United States versus Ed Rosenthal. Ed Rosenthal is a 58-year-old family man, avid gardener, best-selling author — Stone Phillips: “And now you’re a convicted felon?” Rosenthal: “Yes, I’m a triple felon, very dangerous criminal. [laugh]” Phillips: “How were you arrested?” Rosenthal: “There was a loud banging, smashing at my door, at six a.m. I ran down naked to see who was there.” Phillips: “You literally had no clothes on.” Rosenthal: “No clothes on, and I was greeted by the FBI and the DEA. So, I opened up the door.” He was busted on marijuana charges, which might not come as much of a surprise, given that Ed Rosenthal’s gardening expertise and the subject of his numerous books — is pot. He’s Ed, of the “Ask Ed” column in High Times Magazine, and he’s the star of a movie that probably never made it to your local cineplex, “Cannabis Rising,” an inside look at Holland’s robust marijuana industry. For more than 20 years, he’s been one of this country’s most vocal pro-marijuana advocates. Rosenthal: “I think that marijuana should be under civil regulation, rather than be illegal. I think it’s a terrible crime against society that marijuana remains in the criminal state that it’s in.” But what got Ed Rosenthal into trouble wasn’t his books, or his beliefs...it was his green thumb. Inside a warehouse, he was growing marijuana plants, lots of them, as a tape shot by the DEA clearly shows. Phillips: “Are we talking about hundreds of plants, in your case?” Rosenthal: “Well, well, in my case, yes, it was hundreds of plants, and at times, it could have been thousands of plants.” And everyone knows, growing even a single marijuana plant is against the law. Isn’t it? Well it is, and it isn’t. Under federal law, growing marijuana is a crime, period. But Ed Rosenthal was growing his marijuana in Oakland, Calif., for a program authorized in this very room by the city council to distribute marijuana to seriously ill people. California is one of nine states where voters have approved the use of marijuana for medical purposes — that’s a direct conflict with federal anti-drug laws. And Ed Rosenthal got caught right in the middle. “This was a man trying to implement California’s compassionate use law,” says Bill Lockyer, California’s attorney general. The state’s top cop says if it were up to him, Rosenthal would still be growing marijuana. Lockyer: “He wasn’t the drug dealer that we’re chasing all the time and trying to stop peddling drugs to kids. He was trying to help cancer patients.” Phillips: “And doing so under a city-sanctioned program?” Lockyer: “Correct.” California’s medical marijuana law, called proposition 215, was approved by voters in a 1996 statewide referendum. It left it up to the cities to figure out how to distribute pot to people who need it. Oakland designated a “cannabis club” as its authorized dispensary. There, people whose doctors had prescribed it for them, could obtain medical marijuana. “It’s used for AIDS, it’s used for multiple sclerosis, for cancer, chemo and nuclear therapy,” says Rosenthal. “It’s like going in and getting any prescription,” says 35-year-old Kary McElroy, a former athlete whose body can no longer tolerate anti-inflammatory drugs. She found relief for her osteoarthrits and ligament damage in a clean, safe dispensary near her home. McElroy: “They fill the prescription, they give it to you, you go home and utilize your medication to relieve the pain you’re suffering from.” Phillips: “But somebody’s got to provide it. Somebody’s got to grow it and supply it.” Rosenthal: “That’s right.” Phillips: “And that’s where you came in.” Rosenthal: “That’s right... What I provided was starter plants so that patients could grow their own and become self sufficient and grow their own medicine.” For three years, from 1999 until his arrest in February 2002, Rosenthal supplied marijuana plants to the dispensary in Oakland and to others in the San Francisco area. Phillips: “Was this a money making proposition for you?” Rosenthal: “Not for me. No, it wasn’t.” Phillips: “Were you concerned about your legal liability doing this, becoming involved in this program?” Rosenthal: “No, because I was assured that I had immunity from federal prosecution and I knew that the state and city were on my side.” The author of “Don’t Get Busted” knew that state and city laws could not override the federal marijuana law. But Rosenthal had a letter from the Oakland dispensary stating that he was “immune from civil and criminal liability.” How could that be? Well, the city of Oakland claimed that people working for the dispensary were “officers of the city” and therefore immune from federal prosecution, the same as police who handle drugs for undercover sting operations. It was a novel legal strategy, that even the city attorney’s office described as “legally questionable.” And they were right. When Ed Rosenthal went on trial, a federal judge ruled that nothing about that immunity claim, his letter, or his status as a city officer would protect him from prosecution. In fact, the jury would never hear why Ed Rosenthal was growing his marijuana plants — and the defense wasn’t even allowed to mention the term, medical marijuana. Under federal law, the questions were simply, had Ed Rosenthal conspired to grow marijuana, and had he, in fact, grown it in that Oakland warehouse? Phillips: “How did the prosecutors portray you in court?” Rosenthal: “Oh, I was a big drug king pin.” After five days of prosecution testimony, and only two hours from a defense limited by the judge’s rulings, the jury returned a verdict. Rosenthal: “I knew that before the verdict was read, I knew that the verdict was guilty because when I saw those jurors come back into the courtroom, they didn’t look happy.” These jurors were far from happy once the case was over and they learned that Rosenthal had been helping to implement proposition 215 — the medical marijuana law that many of them had voted for. Marney Craig (juror): “When we find out what we did, we were devastated. I couldn’t believe that I had been part of such a travesty of justice... He was growing medical marijuana to give to sick people, and losing money on the whole proposition and we convicted him as a criminal.” Phillips: “You didn’t hear any of that?” Craig: “We heard none of it. The defense was never allowed to present its case.” Charles Sackett (juror): “After I found out that we, as jurors, weren’t given all of the evidence, I felt conned.” Pamela Klarkowski (juror): “I felt like a pawn in the middle of this big game.” Kevin Schmidt (juror): “I felt like I couldn’t even walk down the street, among, you know other Americans, without feeling like, you know, I had just wronged everyone, just in California, in San Francisco. It was very difficult.” Within days of their verdict, these jurors decided to go public with their discontent. Phillips: “What was your reaction when after having convicted you — they apologized?” Rosenthal: “It was very emotional. It was very emotional. I think they’re really good people. They’re very brave people.” Attorney Robert Eye represents Ed Rosenthal. He says, put the law on trial, not the man. Eye: “If the federal government really believes that proposition 215 is wrong, they can challenge it the same way they did Oregon’s right-to-die law, the same way that Colorado’s, provision on homosexual rights was challenged.” Phillips: “So, go to court and try to get the law repealed?” Eye: “They challenge the law. They don’t challenge the individuals who are out there doing a good faith effort to implement it.” John Walters heads the White House Office of National Drug Control Policy; he’s America’s drug czar. “Our goal here is not to persecute people — our goal is to enforce laws that are important to protect the health and welfare of our people,” says Walters. While he couldn’t comment on the Ed Rosenthal case, he did clearly state the government’s position: that smoking marijuana is not medicine, and state laws approving it are simply smokescreens. Phillips: “Are people being fooled about medical marijuana?” Walters: “I think they have been sold a bill of goods by people whose real agenda and the real monies come from people who want to legalize drugs.” Phillips: “This is snake oil?” Walters: “I think it is the modern equivalent of snake oil, yes.” Phillips: “California, Arizona, Arkansas, Colorado, Maine, Nevada, Oregon, Washington, Hawaii. All have approved medical marijuana laws. Will growers and users in those states be prosecuted?” Walters: “If they violate the federal law, we will enforce the federal law.” Phillips: “But you appreciate the conflict. I mean, on the one hand, a state says it’s okay and then suddenly you’re arrested on federal charges?” Walters: “Well, no one’s, I think, unaware of the federal law here. And in fact there has been an intention to say we are thumbing our nose at the federal law. We believe the federal law is wrong.” But California’s attorney general believes voters there were simply trying to do what they thought was right when they approved medical marijuana. And while prosecuting someone like Rosenthal may be the law of the land, it’s not necessarily the will of the people. Phillips: “What’s your bottom line take on this case?” Bill Lockyer: “Well, it just seems to me to be terribly unjust. It’s unjust to this guy. It’s unjust to people that were relying on the medicine. It’s unjust to California voters.” And with voters in more and more states contemplating medical marijuana laws like California’s, the conflict between states’ rights and federal law may grow even sharper. Phillips: “So who’s going to blink first?” Lockyer: “Well, the federal agents have the larger club. I mean, federal law is superior to state law if they try to run over us. And what they’ve done, basically, is run over us.” “What’s the problem with the federal government that it has to go bullying the state governments over this, in a court trial that is unfair,” says juror Charles Sackett. “And we’re supposed to participate in that.” As for Ed Rosenthal, he’s facing a minimum of five years in federal prison, and as many as 20. Whatever happens, he says he’ll continue to speak out about this growing controversy, from the warehouse to the big house. While Ed Rosenthal has many supporters in Oakland, he also has his critics, including the current head of the City Council, who told “Dateline” he believes that by growing a warehouse full of marijuana, Rosenthal pushed the envelope and has now made it harder for the city to carry out its medical marijuana distribution program. Rosenthal is scheduled to be sentenced in June. But he says he will appeal.Note: Marijuana case pits local community against federal law. Source: Dateline NBC (US Web)Program: Dateline NBCAuthor: Stone Phillips, Dateline NBC Published: February 21, 2003Copyright: 2003 MSNBCContact: letters msnbc.comWebsite: http://www.msnbc.com/news/dateline_front.aspRelated Articles & Web Sites:Green-Aid.comhttp://www.green-aid.com Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmState Pols Confront Feds on Pothttp://cannabisnews.com/news/thread15527.shtmlMeasure Would Add Medical Pot Defense http://cannabisnews.com/news/thread15523.shtmlBill Seeks To Provide Medical Pot Defensehttp://cannabisnews.com/news/thread15514.shtml Home Comment Email Register Recent Comments Help Comment #18 posted by mayan on February 23, 2003 at 04:53:55 PT Virgil... I think they meant Alaska instead of Arkansas. [ Post Comment ] Comment #17 posted by Virgil on February 22, 2003 at 23:17:50 PT Does Arkansas have MMJ Phillips: “California, Arizona, Arkansas, Colorado, Maine, Nevada, Oregon, Washington, Hawaii. All have approved medical marijuana laws.Did anyone wonder where Arkansas came from or did I miss something. [ Post Comment ] Comment #16 posted by FoM on February 22, 2003 at 22:32:01 PT Video from Pot TV Available Now! Ed Rosenthal on Dateline, plus only in Vansterdam: http://www.pot-tv.net/ram/pottvshowse1795.ram [ Post Comment ] Comment #15 posted by Prime on February 22, 2003 at 11:23:13 PT Typical soft questions for Waters... The portion where they had Waters speaking was about 30 seconds. Stone had him on the ropes. Then let him off. Are you telling me they sat Waters down for an interview and only got 30 seconds worth?He said he couldnt comment on the Rosenthal case. Why the hell not? The trial is over. Your an officer of our government. Answer the f**king question!Why does the Federal Government not challenge the Prop 215 law instead of the individuals implementing the law?Mass, Conn, Maryland, Montana are all getting ready to adopt medical marijuana laws, Oregon is making theirs more liberal. If these people were tricked, duped, conned, or are just to stupid to know the truth, then why cant the Feds stop the ground swell?I know it was only a 10 minute segment, just would have liked to see Waters squirm some more. But, we dont wanna see NBC lose access to the war now do we. [ Post Comment ] Comment #14 posted by FoM on February 22, 2003 at 07:40:47 PT Thank You Richard I only get about 5 or 6 email lists. I had no idea there were so many. I hope I don't have problems getting to the chat tonight because the weather is not cooperating and I can't get anywhere today. If I don't get news posted promptly that will be why. Hopefully this rain will be over by later today or maybe we should start building an Ark! LOL! [ Post Comment ] Comment #13 posted by Richard Lake on February 21, 2003 at 23:31:38 PT: Thanks, FoM, for hawking the story. I snatched it from the editor's queue of the editor who got it (after sending her a note) and worked it myself. My effort is at http://www.mapinc.org/drugnews/v03.n280.a10.htmlThen I sent it to all of these email lists: [snip] Did I miss any?That's the second time today I sent the above lists items with CNEWS links in them. The first was the one that had the chat announcement.Am I having fun yet?Richard [ Post Comment ] Comment #12 posted by FoM on February 21, 2003 at 21:14:41 PT Please Vote for Ed's Story! I'm seeing the number drop a little even though it still is number one. You can only vote one time and MSNBC does pay attention to top stories! Thanks everyone!Check out MSNBC.com’s Top 10 MSNBC.com’s most highly recommended stories, listed below, are rated daily on a scale of 1 to 7 by MSNBC.com readers. (Results are automatically updated every 60 seconds.)To add your voice to the tally, simply cast your vote on the ratings scale at the bottom of each story on MSNBC on the Internet. You can rate as many stories as you like, but you can rate each story only once.http://www.msnbc.com/news/dateline_front.asp [ Post Comment ] Comment #11 posted by JSM on February 21, 2003 at 21:04:04 PT Ed's story What the Federal Government is doing here is shameful and frightening. How could anyone in their right mind deny anything that would give a sick and dying person comfort? What monsters they are. [ Post Comment ] Comment #10 posted by FoM on February 21, 2003 at 20:37:25 PT Link To Current Top 10 Stories http://www.msnbc.com/top10.asp [ Post Comment ] Comment #9 posted by FoM on February 21, 2003 at 20:23:23 PT Richard a Note I sent the transcripts in! John Tyler that's a nice web site. Thanks! [ Post Comment ] Comment #8 posted by FoM on February 21, 2003 at 20:18:47 PT Thank You Richard, It Was Great! Thank you for sending out the information about the chat! It will be fun and educational I'm sure!Chat with Richard Cowan - Marijuananews.com: http://www.cannabisnews.com/news/thread15497.shtmlThe topic will be current issues concerning Cannabis Reform. Scheduled Time: February 22, 2003 at 9 PM ETTo access the chat:http://www.cannabisnews.com/chat Ed Rosenthal's Trial Pictures & Articles [ Post Comment ] Comment #7 posted by FoM on February 21, 2003 at 20:13:56 PT Current Number One Story! Please Vote! Check out MSNBC.com’s Top 10 MSNBC.com’s most highly recommended stories, listed below, are rated daily on a scale of 1 to 7 by MSNBC.com readers. (Results are automatically updated every 60 seconds.)To add your voice to the tally, simply cast your vote on the ratings scale at the bottom of each story on MSNBC on the Internet. You can rate as many stories as you like, but you can rate each story only once.http://www.msnbc.com/news/dateline_front.asp High crimes? 6.88 111 Dateline A well-tested eye in the sky 6.17 1699 Technology Missing in action 6.07 2467 Dateline Nightclub inferno kills at least 96 6.06 5522 U.S. News How the FBI conned Web con artist 6.04 5102 Technology Astronaut’s final e-mail to family, friends 6.03 2633 Technology Evil Genius 6.03 1670 Newsweek As man died, witnesses turned away 6.02 7338 News Inflammation may spur diseases 6.01 2103 Health Many Kurds hungry for revenge 6.01 1251 News [ Post Comment ] Comment #6 posted by Richard Lake on February 21, 2003 at 20:01:10 PT: Please send Dateline a Thank You note! http://www.msnbc.com/news/875312.asp#BODYThe bottom of the page has a webform for saying thank you.In the opinion of the folks in the www.drugsense.org/chat chat room right now it is a superb show. Hope to have it up online for your real viewing pleasure soon.OH, FoM, I sent a note to umpteen lists about the chat Saturday evening (well, I covered some other stuff, but made sure it stood out). Looking forward to it! Bot is running an announcement in the DS chat room every 15 minutes. It was in today's DrugSense Weekly, first Hot Off The Net item, too!Richardp.s. I will post the video URL as soon as I have it.Richard [ Post Comment ] Comment #5 posted by FoM on February 21, 2003 at 19:59:39 PT It Was Very Good Thank You John Tyler that made me smile!When I watch people talking on the news about a topic I look very close at what their body language is saying and don't pay as much attention to what they are saying. A persons demeanor tells me what I want to know. Ed Rosenthal has a gentle way about him but he also shows tremendous controlled strength. John Walters looks like he doesn't have a mind of his own and says only what he is paid to say and do. It must be very hard to sleep at night when all your decisions are dictated by some agency and not yourself. [ Post Comment ] Comment #4 posted by John Tyler on February 21, 2003 at 19:49:43 PT Dateline II Not to hog the comment section, but if you like this show email Dateline and let them know. And on a slightly different subject I saw a wonderful website today that had a really great comic book in html format. The artwork was great and so was the story. The address is http://www.adrugwarcarol.com Check it out if you get a chance. It reminded me of the old Classic Comics. [ Post Comment ] Comment #3 posted by BGreen on February 21, 2003 at 19:20:24 PT Great Story! Walters looked like the clown he is. Everybody else called cannabis "medicine."The last remark about a council member is just stupid. If you had 100 smaller operations they would be bitching about having so many "hazards" threatening the neighborhoods.West coast viewer need to watch this show. [ Post Comment ] Comment #2 posted by John Tyler on February 21, 2003 at 19:12:14 PT FoM you are quick It wasn't even 10 pm before this was posted. Very good. [ Post Comment ] Comment #1 posted by John Tyler on February 21, 2003 at 19:09:30 PT Dateline NBC This was a really good segment on Dateline with Stone Philips. I hope everyone was able to see it. [ Post Comment ] Post Comment