cannabisnews.com: Meet America's Marijuana Martyr










  Meet America's Marijuana Martyr

Posted by CN Staff on May 01, 2003 at 10:42:28 PT
By Andrew Gumbel 
Source: Independent UK 

He's the Alan Titchmarsh of the pot world, with countless grow-your-own tomes and a licence to supply for medicinal use. But in what some are calling a Bush show trial, Ed Rosenthal now faces 40 years in jail.There are two reasons why the case of Ed Rosenthal has become a cause célèbre for the marijuana-decriminalisation movement. The first is that, for the past 30 years, he has been the world's foremost cultivator of cannabis plants, and a pioneer in hydroponic growing techniques. 
His many books – from Indoor/Outdoor Marijuana Growers' Guide in 1974 to the recently reissued Why Marijuana Should Be Legal – have been international bestsellers. And his advice column, "Ask Ed" – available online as well as in magazines such as High Times and Cannabis Culture – has come to be regarded as the Delphic oracle for pot-growers, the Gardeners' Question Time of getting high.The second reason stems from the federal government's decision to swoop, without warning, on both his home and his hydroponic growing laboratory in Oakland, California in February last year. Rosenthal was charged with multiple felony counts of manufacture of an illegal narcotic, and put on trial at the beginning of this year. What the feds did not seem to appreciate – or care about – was that Rosenthal was growing his plants for the sole use of Aids, glaucoma and cancer patients seeking relief from pain. He did so at the behest of the city of Oakland, which in turn was acting in accordance with California's Compassionate Use Act of 1996 that permits the use of marijuana for medicinal purposes.In other words, what he was doing was entirely legal, at least under Californian state law. But that was not something the court chose to share with the jury. Rosenthal's lawyers were not allowed to mention the 1996 Act, or the fact that he was acting as a formally enshrined officer of the city of Oakland. As a result, the jury felt obliged to convict him, even though several of them wondered during their deliberations just how much of a criminal he was. As soon as the trial was over and the full truth of Rosenthal's circumstances became clear to all, five of the 12 jurors staged an open revolt and demanded that he be granted a new trial. "Last week," one of the jurors, Marney Craig, wrote at the time, "I did something so profoundly wrong that it will haunt me for the rest of my life. I helped send a man to prison who does not belong there."It has not quite come to that yet – he is not due to be sentenced until early June, and the controversy over his case is causing considerable ructions in the legal system that may yet keep him out of prison – but it is clear that Ed Rosenthal, on top of his previous celebrity status among marijuana cultivators, has become a symbol of all that is wrong and distorted about America's much-ballyhooed War on Drugs.Essentially, he has become a pawn in an increasingly nasty battle between the federal government, with its virulently intolerant attitude to illegal drugs in all forms, and individual states, including California, that have sought to liberalise the laws around the edges by popular referendum. The federal government's attitude has become particularly unforgiving under the Bush administration, which, unlike any administration before it, has used paramilitary tactics to break up medical marijuana clubs, destroy plants kept by terminal patients, and arrest people such as Rosenthal who had no reason to suppose that they had fallen foul of the law at all."The feds are coming from totally insane places," an uncowed Rosenthal said in a phone interview. "A lot of people are frightened about what is going on in the US – and they should be. Is this Imperial Rome?"What you think of Ed Rosenthal depends a bit on where you are coming from. If you are worried about the consequences of increasing marijuana consumption then he looks like the supreme irritant. As much as half of the cannabis consumed in Britain is now grown domestically, according to a new study by the Joseph Rowntree Foundation, and it's a fair bet that the growing fad for both garden and indoor cultivation has been fuelled by the impeccable advice offered by the pot world's Alan Titchmarsh.It was Rosenthal who first guided the indoor-growing movement away from ordinary fluorescent lights to high-intensity discharge lights. He helped two generations of home-growers to regulate the nutrients required in a soil-free environment. More recently, he has pioneered the cloning of high-quality cannabis. None of this is good news if you believe that marijuana is a public-health hazard that needs to be eliminated through effective law enforcement.On the other hand, if you believe – as many on both sides of the Atlantic do – that legal crackdowns on marijuana use do far greater social harm than the drug itself, then Ed Rosenthal starts to look like a veritable guru. As Oakland's official pot-grower, he was providing medical marijuana clubs with "starter plants" to provide high-quality product to the sick and dying. Nobody could have made pot more respectable – the very reason, he believes, why the Bush administration came after him. "I was a trophy arrest, and they were going to make a big example out of me," he said. "I think they have a special priority to try to stop medical marijuana. As the best-known person, I carry the greatest cultural impact."In fact, the feds have gone after plenty of other people. Last September, the Drug Enforcement Administration raided a marijuana club in Santa Cruz, to the fury of the local authorities who have now filed suit in federal court demanding damages as well as an injunction to prevent the DEA from infringing on state affairs again. Then, in February, federal agents raided 100 homes around the country in search of bongs and pipe-making materials. They made more than 50 arrests, even though they found no drugs, and even though, in California and other states, possession of marijuana pipes is explicitly decriminalised.Rosenthal is certainly correct, however, in saying that his arrest was the most spectacular. His treatment has been condemned not only by drug-reform groups but also by The New York Times and other newspapers. The judge in his case, Charles Breyer of the US District Court in San Francisco, has been forced to admit that the outcome achieved by a series of rulings favouring the prosecution may not stand up to scrutiny on appeal.When Rosenthal heard banging on his front door in the early morning of 12 February last year, he thought his neighbour was in trouble. "Instead," he said, "I was greeted by the armed forces of the US, guns at the ready. They were expecting to find gold and big bank accounts. Instead, they found a middle-class family." (Rosenthal, who is 59, has a wife and two teenage children.) They handcuffed him and produced a search warrant based on apparently false assertions, including the suggestion that federal agents had been tipped off to the presence of marijuana by the smell. Starter plants, Rosenthal insisted in court documents that the judge refused to admit as evidence, have no smell; it is the flower buds that have the smell.On top of denying him any opportunity to mount a defence, Judge Breyer also told the jury that they had no discretion in deciding whether Rosenthal was guilty. If he had grown the plants – and he clearly had – then they were obliged to convict him, even in the knowledge that his crimes carried a minimum sentence of 40 years behind bars. The five rebel jurors now believe that they were misled on that point, too. Jury nullification – the power to acquit a defendant if the government's position seems unjust – is enshrined in the Sixth Amendment, which characterises the jury as "the conscience of the community".What Rosenthal's case shows is how the government's War on Drugs – rather like the analogous war on terrorism – can be used as an excuse to ride roughshod over every conceivable provision of the criminal-justice system, even the right of defendants to give their side of the story in court. As such, it stands as a cautionary tale to any country tempted, like the US, to take the hardline law-enforcement route on a soft drug. As Rosenthal writes in his latest book: "No law should be more harmful than the behaviour it seeks to regulate."There are signs that the Bush administration has seriously overreached. Several Californian cities have passed resolutions urging police not to co-operate with DEA and FBI raids on medical marijuana facilities. It may all end up in the Supreme Court in Washington. Until then, Ed Rosenthal and his band of supporters will fight on. "These laws are going to come down," he vows, "and this case will be a part of it."  Source: Independent (UK)Author: Andrew GumbelPublished: May 1, 2003 Copyright: 2003 Independent Newspapers (UK) Ltd.Contact: letters independent.co.ukWebsite: http://www.independent.co.uk/ Related Articles & Web Site:Ed Rosenthal's Trial Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmJudge Delays Ruling On Medical Pot Mistrialhttp://cannabisnews.com/news/thread15927.shtmlJuror Silent as Judge Weighs Datahttp://cannabisnews.com/news/thread15917.shtml 

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Comment #19 posted by freedom fighter on May 02, 2003 at 22:14:42 PT
druid
1500 year old building made of dagga? Turkey is prone to earthquakes. They just had another one not too long ago.I am a builder, maybe I should start demanding dagga materials for my house!Thks for the info!pazff 
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Comment #18 posted by FoM on May 02, 2003 at 10:31:40 PT
Forgot The Link!
http://www.channel3000.com/news/2175103/detail.html#
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Comment #17 posted by FoM on May 02, 2003 at 10:27:59 PT

News Brief and Medical Marijuana POLL

Current Results:The Supreme Court has ruled 8-0 that a federal law that makes pot illegal applies to everyone. What do you think? Choice Votes Percent of 7204 votes It should be illegal in all cases. -- 1721 -- 24% People who suffer from cancer, AIDS, and other diseases should be able to use it for medical purposes. -- 5483 -- 76%  Million Marijuana Marches Planned Across State SaturdayMay 2, 2003Saturday marks the "Global March for Cannabis Liberation," a series of protests against the "war on drugs "in 170 cities on six continents -- AKA the "Million Marijuana March." Four of these events will take place in Wisconsin. Madison: Gather at State Street steps of Capitol at 11 a.m. Join "Voices for Peace" parade down State Street, then over to kick off the Mifflin Street Block Party. 
Cross Plains: (20 miles west of Madison) "Great Beer Parade," a historical re-enactment of the local celebration at the end of alcohol prohibition, with a banner reading "Prohibition: Didn't work then. Doesn't work now." Begins at 3 p.m. Milwaukee: Milwaukee march will begin at the corner of Brady and Prospect, on the east side of the city Saturday, May 3 at 2 p.m. E-mail cannabisliberation hotmail.com for more information. Eau Claire: HempFest runs from noon to 10 p.m. at Rod and Gun Park with food, beer, music, speakers and a raffle. Festival starts at noon. Sponsored by UWEC Students for Sensible Drug Policy. For more information: http://ssdp.uwec.edu/
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Comment #16 posted by FoM on May 01, 2003 at 21:46:45 PT

A Suggestion For Keeping Up On The News
I wanted to mention that because of the volume of important news I am archiving a good amount of articles. If you bookmark this link everything that I post will be in order. With the Million Marijuana March, Canadian News and articles from the UK this seems to be the best way that I've thought of. For those who are going to one of the Marches I wish you a safe and fun time and I hope people take lots of pictures.http://www.cannabisnews.com/cgi-bin/cgiwrap/cnews/newsread.pl?25000
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Comment #15 posted by FoM on May 01, 2003 at 20:59:52 PT

ekim
That's very nice of you to say. I really appreciate it. I didn't sleep last night and posted articles around 5 am. My husband's truck broke down in Chicago and I just couldn't sleep. I hope I can be up tonight incase they post more canadian articles late but I doubt I'll be able to stay awake two nights in a row. There was a time that it wasn't hard but now it is. Those where the days my friend I thought they'd never end! They did! I'm just plum wore out! LOL!
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Comment #14 posted by ekim on May 01, 2003 at 19:19:02 PT

They will have Cnews FoM
you have done a great job FoM. Thank you and your family.
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Comment #13 posted by FoM on May 01, 2003 at 19:08:47 PT

Billos
That was a good answer for Charmed Quark. What is sad is that the real history of how people feel won't be recorded correctly so future generations won't even know about many things that are happening that are important. I only watch the news as a form of entertainment. I don't believe most of it. 
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Comment #12 posted by Billos on May 01, 2003 at 18:57:14 PT:

To Charmed Quark
Hello, Charmed. In answer to your question: The media doesn't broadcast it because the fedz won't let them. You see, with all the de-regulation by the Federal Communications Commission, conglomerates like Ted Turner have monopoloized a good part of the mass medias. Well, what happens next is that the fedz tend to control, to an extent, the media output by influencing the big boyz with money. And if that fails, they threaten to pull licenses to broadcast. Combine this with the fact that the media, especially the press, is virtually un-regulated in what can be said due to the First Ammendment. (or what's left of it) Well, back when media became widespread, the mass media, under threats from the fedz to regulate their broadcast content, adopted policies not broadcast anything that conflicts with good ole' American culture, good people's tastes, or anything that might be construed as "Un-American". On top of all this, the media are expected to abide by American Policies. - that be set by the fedz - It's called Ethics. And you are right to wonder why the mass media hasn't finally said, "Enough is enough, let's broadcast the truth, 'cuz it's overdue." The public's ignorance IS the fedz power.Have a great day.. and NEVER stop wondering why the truth is being hidden.
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Comment #11 posted by mayan on May 01, 2003 at 18:15:23 PT

Brazil's "Black Box"
Here's a very interesting piece...it looks like the days of Brazil's drug war may be numbered! Brazil's President Opens the "Black Box" of Narco-Corruption
http://narconews.com/Issue30/article773.htmlThe way out is the way in...9/11 panel will be asked about documents: 
http://www.upi.com/view.cfm?StoryID=20030430-054848-3832rThe Secrets of 9/11: 
http://www.msnbc.com/news/907379.asp?0cv=KA01&cp1=1Group Pledges to Monitor 9/11 Government Commission:
http://www.scoop.co.nz/mason/stories/WO0304/S00027.htmWas 9/11 Allowed to Happen?
http://www.wanttoknow.info/911timeline2pg9/11: Guilt in High Places
http://emperors-clothes.com/indict/911page1&2.htm9/11 CitizensWatch:
http://www.911citizenswatch.org/
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Comment #10 posted by charmed quark on May 01, 2003 at 16:48:45 PT

The US Press
In a way, this article depresses me. Why has no mainstream US newspaper put out an article like this? Without a good press, what hope is there for us?-Pete
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Comment #9 posted by FoM on May 01, 2003 at 15:44:31 PT

Transcripts
I'll look for transcripts for those who missed it. Keith Stroup got his dander up but kept his cool and got his point across. He spoke the truth and so did Bill Press. I was so flabbergasted with the 100s of thousands of addicts she might have said 10s of thousands of addicts but where are these addicts. I would love to meet them all like she has.
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Comment #8 posted by FoM on May 01, 2003 at 15:38:22 PT

100s of thousands of addicts
Where are these addicts! Keith is doing a good job!
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Comment #7 posted by FoM on May 01, 2003 at 15:18:22 PT

A Note
I was in a hurry and didn't say where the information came from concerning Keith Stroup being on Buchanan and Press. It came from Dale Gieringer - CaNORML. I always try to make sure I mention the source of the information. There I feel better.
California NORML
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Comment #6 posted by FoM on May 01, 2003 at 14:59:38 PT

Heads Up: Keith Stroup To Be On MSNBC Tonight!
MSNBC: K. Stroup on Buchanan and Press tonight 
    
 
NORML Executive Director Keith Stroup to appear on MSNBC's "Buchanan and Press" Thursday night 6:30 PM Eastern to debate Canada's move toward decriminalization. Check your local listings or go to:http://www.msnbc.com/news/BUCHANANPRESS_front.asp
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Comment #5 posted by FoM on May 01, 2003 at 12:53:06 PT

Thanks Druid
I went ahead and archived this article. It was too good to not have for a reference. Great idea too!http://www.cannabisnews.com/news/thread16135.shtml
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Comment #4 posted by druid on May 01, 2003 at 12:29:24 PT

Cannabis Houses!
South African Press Association (Johannesburg)April 30, 2003
Posted to the web May 1, 2003Cape TownA Capetonian who believes homes made of cannabis are an answer to South Africa's housing problem, plans to hand over a petition to the office of the Public Protector on Friday.Andre du Plessis is also co-ordinating a march through the city centre on Saturday morning, to coincide with what he says will be worldwide calls for a more liberal approach to the plant.The petition describes cannabis -- a plant genus that includes what South Africans know as dagga -- as "a sustainable agricultural option for economic empowerment" and calls for government departments to participate in a forum to develop policy "more in keeping with international trends".Du Plessis said on Wednesday that cannabis mixed with lime was currently used for home construction and insulation in France and Germany, and that it had a long history as a building material.The 1500-year-old Hagia Sofia basillica in Turkey was "the world's longest-standing dagga building", he said.He himself had built a scale model dome of cannabis in a Newlands back garden, which had proved strong enough to take the weight of a 4X4 vehicle.But for a full-scale prototype he needed three tons of the stuff.He had been trying for years to get the Agricultural Research Council, which has a licence to grow cannabis, to work with him."They still haven't delivered one kilogram that I can use to test with," he said."All I'm trying to do is build some affordable housing for those people who live in shanty towns. That's my angle on it."He also said cannabis had medical uses, and that for Africa, it was the cheapest way to get full-blown HIV-positive patients to eat again."Cannabis is Africa's best choice for an affordable Aids drug, something that can help control pain and alleviate the illness."Du Plessis said the petition he would hand over on Friday had been signed by people ranging from politicians and surgeons to "folk from the street".There were also one or two dagga growers."They have put their names down, but they haven't put a contact address," he said.
Cannabis Houses
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Comment #3 posted by FoM on May 01, 2003 at 11:25:08 PT

The GCW 
I don't recognize that name at all. Ask him to try to re register. I know that Matt blocked a few when the site was attacked but I sure don't recognize that name. If people are having problems please try to register again.
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Comment #2 posted by The GCW on May 01, 2003 at 11:21:07 PT

FoM
Hello.Today I have a request that I hope You can honor.Please allow freed7 to post here. I believe He has in the past but said, "I've been disallowed at Cannabis News, I know not why. I'll contact them."If that is correct, perhaps today is fresh and He may speak. If freed7 attempts to post, please help.Thank You 
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Comment #1 posted by FoM on May 01, 2003 at 11:16:50 PT

More Articles in The Independent UK Series
Adventures In The Dope Trade: http://news.independent.co.uk/uk/legal/story.jsp?story=401933'Please, Don't Let Me Be Sick': http://news.independent.co.uk/uk/legal/story.jsp?story=401934The Big Question: Should Cannabis Be Legalised?: http://news.independent.co.uk/uk/legal/story.jsp?story=401932
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