cannabisnews.com: Passions High as U.S. Ganja Guru Awaits Sentencing Passions High as U.S. Ganja Guru Awaits Sentencing Posted by CN Staff on June 03, 2003 at 16:24:47 PT By Adam Tanner Source: Reuters San Francisco - Long a mecca of the drug counterculture, San Francisco takes center stage Wednesday in a passionate debate over medical marijuana when a federal judge decides whether to send the city's ''ganja guru'' to jail for doing something that is legal in California. A federal court jury last January convicted Ed Rosenthal, 58, the author of many books on marijuana and columnist for ''High Times'' magazine, on three counts of growing the weed -- a violation of federal law. Rosenthal had wanted to argue that he was growing the drug for medical use, which is legal and voter approved in California, although barred by federal law. But Federal District Court Judge Charles Breyer, appointed by President Bill Clinton -- who famously admitted to smoking marijuana without inhaling -- did not allow Rosenthal's attorneys to present this background, calling it irrelevant to the verdict. Some jury members later expressed outrage that they did not know that Rosenthal was cultivating the weed as an ''officer'' for the city of Oakland's medical marijuana program. Some jurors publicly fretted that they had issued the wrong verdict. Several legal experts said that by excluding Rosenthal's arguments, the defendant was made to look like a drug dealer -- rather than someone who could argue what he was doing was legal under state law. Rosenthal, author of ''Marijuana Question? Ask Ed,'' appears an unlikely ganja guru. He does not wear flowers on his balding head and does not appear more youthful than his years. VOTER-APPROVED POT For many in a state that backed medical marijuana for seriously ill patients in a 1996 referendum, Rosenthal is a victim of overzealous federal prosecutors. That sentiment was reflected in the passage of a California Senate bill on Monday allowing patients to carry medical marijuana identification. ''This recent federal action is reason for California to step up its effort to enforce our laws,'' State Sen. John Vasconcellos, the bill's sponsor, said of the Rosenthal case. ''Due to vague guidelines, patients and physicians have been subject to needless arrest and prosecution.'' Others say the Rosenthal case is an important confirmation that federal anti-drug laws trump local whims. ''It is hard to believe somebody his age would not realize that marijuana is banned by federal law,'' said John Coleman, who rose from undercover agent to assistant head of the Drug Enforcement Agency before retiring after 32 years. ''We live under a constitution, for better or for worse, and if it is going to serve us well we have to be consistent in how we accept it,'' he said. ''The states like California have done a real injustice to a lot of their citizens by passing laws that are just so clearly unconstitutional.'' Under sentencing guidelines, Rosenthal could face a minimum of seven years in jail. Yet Breyer, who helped prosecute the Watergate scandal in 1973, faces considerable pressure. State Attorney General Bill Lockyer, among others, has urged him to show leniency. In an order last month denying Rosenthal a new trial, Breyer said the medical marijuana background may impact sentencing. ''Nothing contained in this order or in any previous order of the Court constitutes a determination that the defendant did not believe he was authorized by the City of Oakland to cultivate marijuana,'' he wrote on May 16. ''Such evidence is appropriate for consideration at sentencing.'' Source: Reuters Author: Adam Tanner - ReutersPublished: June 03, 2003Copyright: 2003 Reuters Website: http://www.reuters.comContact: http://about.reuters.com/custhelp/Related Articles & Web Site:Ed Rosenthal's Pictures & Articles http://freedomtoexhale.com/trialpics.htmCalifornian 'Guru of Ganja' Faces Jail http://cannabisnews.com/news/thread16502.shtmlFederal Persecution - New York Timeshttp://cannabisnews.com/news/thread16464.shtml Calif.'s Lockyer Urges Leniency in Marijuana Casehttp://cannabisnews.com/news/thread16431.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by afterburner on June 04, 2003 at 09:40:57 PT: John Coleman Has A Lot of Gall John Coleman, who rose from undercover agent to assistant head of the Drug Enforcement Agency before retiring after 32 years [said,] ''We live under a constitution, for better or for worse, and if it is going to serve us well we have to be consistent in how we accept it,'' he said. ''The states like California have done a real injustice to a lot of their citizens by passing laws that are just so clearly unconstitutional.'' John Coleman has a lot of gall to wrap himself in the US Constitution, considering that the federal government has no Constitutional authority to regulate medical practice. They seized authority illegally using their power to tax with the Marihuana Tax Act of 1937, which was declared unconstitutional in 1969 in [Timothy] Leary v. United States [ -MARIJUANA LEGISLATION CLASHES WITH JUDICIAL SKEPTICISM AND EMERGING VALUES http://www.druglibrary.org/schaffer/LIBRARY/studies/vlr/vlr9.htm ] for the reason of the prohibition of self-incrimination in Amendment 5 of the Bill of Rights.ego transcendence follows ego destruction when the US Constitution is honored once against instead of twisted to suit the cravings of power-mad federal legislators. [ Post Comment ] Comment #1 posted by FoM on June 03, 2003 at 23:23:37 PT Friendly Reminder: June 4th National Day of Action Ed Rosenthal's Sentencing - "Meet the 80%" Summer Campaign ASA's "Meet the 80%" Summer Campaign LaunchedEd Rosenthal is due to be sentenced June 4 at 8:30am instead of 2:15pm. Our guess is that the judge realized his terrible mistake in sentencing Ed at the auspicious time of 2:15 and decided to change at the last minute. We are calling on all supporters of medical marijuana & jurors' rights to join us in a national day of action Wednesday, June 4.We have 3 suggested actions for that day. Please choose one that fits best, and for the madly active, join us in all 3!1) PROTEST IN SAN FRANCISCO: Join us for a rally and street theatre at the SF Federal Courthouse starting at 8:00am on the Turk St side of the SF Federal Building (Larkin & Turk).2) EDUCATE THE JURY POOL: Do a banner action outside your local federal courthouse while jurors are coming in. Suggested message: "Jurors: Acquit in All Pot Cases - It Could Be Medical - www.jurors.info"---There will be a JURY EDUCATION ACTION IN WASHINGTON, DC: Wednesday, June 4, 2003; 8:00 AM to 9:00 AM E. Barrett Prettyman Federal Courthouse at 333 Constitution Ave. NW3) CHALLENGE YOUR CONGRESS MEMBER: For those members who haven't co-sponsored the Truth in Trials Act, MPP is coordinating a national day of leafletting outside of members' district offices. To check on your rep and get flyers, visit mpp.orgStand up for our rights!Get out there & meet the 80% of Americans who support us, and let them all know they have to Vote Twice for Medical Marijuana - Once in the Ballot Box and Once in the Jury Box.(and do let us know if you'll be joining in this day of action)Download the flyer: http://safeaccessnow.org/docs/Ed%20sentencing%20flyer.doc June 4th National Day of Action [ Post Comment ] Post Comment