cannabisnews.com: Marijuana Guru Ed Rosenthal Freed 










  Marijuana Guru Ed Rosenthal Freed 

Posted by CN Staff on June 04, 2003 at 10:41:59 PT
By Kim Curtis, The Associated Press 
Source: Associated Press 

Ed Rosenthal, the self-proclaimed "Guru of Ganja," walked free Wednesday after a federal judge sentenced him to one day in prison for a marijuana conviction. He could have been sentenced to as much as 60 years behind bars.Rosenthal, convicted in February of growing more than 100 marijuana plants in an Oakland warehouse, has become the centerpiece of a growing national debate about medical marijuana and a battle between the federal government and the nine states in which it is legal.
Rosenthal, 58, has argued his actions were legal under a 1996 law passed by California voters that allows pot use for medical purposes. He also said he was acting as an agent for the city of Oakland's medical marijuana program.U.S. District Judge Charles Breyer, who did not allow the jury to hear those arguments, sentenced Rosenthal to one day in prison on each of three counts, to run concurrently, and then set him free after declaring Rosenthal had already served that time.The ruling was met by wild cheering and applause in the courtroom."I take responsibility for my actions that bring me here today. I took these actions because my conscience led me to help people who are suffering," Rosenthal said outside the courtroom. "These laws are doomed."Breyer ruled that Rosenthal will be on supervised release for three years and fined him $1,000.The jury found Rosenthal guilty of marijuana cultivation, but several jurors later said they would have acquitted him if they had known he was growing the plants for patients in Oakland.Last week, California Attorney General Bill Lockyer asked Breyer for leniency in Rosenthal's sentencing, citing the California Compassionate Use Act of 1996. The federal probation department recommended a 21-month prison term. Prosecutors asked for a 6 1/2-year prison term.Prosecutor George Bevan said Wednesday that Rosenthal was not simply helping the ill."This operation is a cash cow. He put out thousands and thousands of plants," Bevan said. "I don't think anyone disagrees with helping sick people, but as far as we're concerned, it was a business. His cultivation is a direct violation of state laws."Complete Title: Marijuana Guru Ed Rosenthal Freed After One-Day SentenceSource: Associated PressAuthor: Kim Curtis, The Associated PressPublished:  Wednesday, June 4, 2003Copyright: 2003 Associated Press Related Articles & Web Site:Ed Rosenthal's Pictures & Articles http://freedomtoexhale.com/trialpics.htmMarijuana Guru Ed Rosenthal Faces Sentencing http://cannabisnews.com/news/thread16520.shtmlMarijuana Advocate is in Court Todayhttp://cannabisnews.com/news/thread16518.shtmlFederal Persecution - New York Timeshttp://cannabisnews.com/news/thread16464.shtml 

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Comment #44 posted by FoM on June 05, 2003 at 21:32:20 PT
afterburner
I added a few more pictures to the page today. They are mixed in not at the top. Thought you and others might want to see the extra pictures.http://www.freedomtoexhale.com/trialpics.htm
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Comment #43 posted by afterburner on June 05, 2003 at 21:01:21 PT:
Other News Outlets Speak about Ed
The folowing AP story about Ed Rosenthal appeared on CNN June 5, 2003:Marijuana guru Ed Rosenthal freed after serving one-day jail sentence http://edition.cnn.com/2003/LAW/06/04/pot.king.ap/index.htmlA similar story appearing in the Hamilton Spectator (Canada) under the headline:'Guru of Ganja' freed in California
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Comment #42 posted by The GCW on June 04, 2003 at 21:57:49 PT
Let Us not forget
It took 2 jury pools to even find 12. Now they might not have enough jury pools to find 12!Now, that many more people are hip... there is the potential to sit on the jury just to hold out.And I don't think Judge Charles Breyer ROCKS.Ed Rosenthal ROCKS!
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Comment #41 posted by Ethan Russo MD on June 04, 2003 at 19:42:03 PT:
CNN
CNN had a brief story on Aaron Brown's NewsNight.This was a huge news day with the Middle East Summit, Martha Stewart's indictment, etc. Maybe we'll get more coverage tomorrow. It is important to keep this on the front burner.
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Comment #40 posted by FoM on June 04, 2003 at 18:52:16 PT
freedom fighter
This is just a small article and I didn't want it to bump UPI and Alternet down so I archived it. Yes, they can cause problems but it would be best if they don't. We're fired up now and it would be smart for them to let it be in my opinion.Last sentence in article. Riordan predicted the government would appeal Breyer's decision to depart downward from the mandatory minimum sentence. The U.S. attorney's office had no immediate comment. http://www.cannabisnews.com/news/thread16530.shtml
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Comment #39 posted by freedom fighter on June 04, 2003 at 18:46:21 PT
Re: Comment #10
That's right! This is huge! Can the fed. persecutor appeal the judge's verdict?paceff
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Comment #38 posted by Sam Adams on June 04, 2003 at 18:33:20 PT
Victory
The glass is definitely half full! The next logical step in this process is Ed wins his appeal, and the feds can no longer bar medical MJ testimony from the courtroom. Therefore, no more federal medical marijuana prosections, period. No California jury will convict a medical MJ user.When the judges start refusing to implement the law, you win the appeal. The judiciary doesn't want to discredit itself any further.  Do you think the prosecutor who filed for 6 years is happy right now?
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Comment #37 posted by Dave in Florida on June 04, 2003 at 18:19:47 PT
Let the city of Oakland grow 
DCP .. If the city owns the clone farm, and Ed just watches, he's not doing anything wrong. Anyone can give advice..The city could have their parks department oversee the grow. 
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Comment #36 posted by FoM on June 04, 2003 at 16:37:05 PT
Floyd
I'm glad you liked the pictures. A pictures worth a thousand words! I'm so happy for Ed and his family!
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Comment #35 posted by kaptinemo on June 04, 2003 at 16:35:31 PT:
Don't get me wrong; I've no illusions
about what is coming next. Because the next round could actually be messier than this one.The Feds are being backed into a corner. Their public service ads about cannabis are being openly laughed at...by the children they foolishly thought were blank slates that they could write all kinds of nonsense onto. They are so scared of the relegalization movement, they are trying to circumvent the normal checks and balances that preclude civil servants from engaging in openly partisan, political operations.Our nearest cultural neighbor is thumbing it's nose behind Uncle's back at his blowhard intransigence and insistence upon mouthing easily disproven lies. The embaressments continue to pile up. How much longer before some fool Fed, under the gun from his superiors or just plain stupid and mean, crosses way over the line and does something so eggregiously wrong that it casts the whole prohib agenda in a bad light, publicly? The WAMM raid was a public relations fiasco. The Feds got a taste of what will happen in the future if something like another raid takes place on another clinic.Breyer's move was to placate his masters, who must be so angry they might die of apoplexy (we can hope, can't we?), because they know what we do. Namely, the jig is up. No jury will convict an MMJ person in California now. The very bad taste of Federal dishonesty is on the mental tongue of any juror who will walk into the courtroom and face such a choice. The judges may even get to the point that they revolt against the Fed mandates. After all, many have political aspirations, and don't want something as picayune as having to be the bad guy in a MMJ trial coming back to haunt them later.Yes, the Feds are still out there, plotting away. But they have had their knuckles rapped, hard. And that lesson will be repeated with even less time involved in the trial when the Feds get their courage up again. How many times will this have to happen before the practice is abandoned and MMJ people are left alone? I don't know for sure, but I would hazard a guess about two years. By that time, if we have any kind of REAL presidential elections in this country, the DEA may have new marching orders. Such as chasing down white collar criminals who've gotten fat and sassy laundering heroin money. In any event, they will have given up on a hopeless venture. If only because their California neighbors make their displeasure with Fed bullheadedness plain to the local DEA agents...personally.After all, they follow home anyone going to a hydroponics shop, don't they? Fair's fair...
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Comment #34 posted by Floyd on June 04, 2003 at 16:17:12 PT
Congradulations to Mr. Rosenthal!
 Hey everyone, there really isnt much to add the below comments other than my personal congradulations. FoM, the pictures you posted the link for are overwhelmingly powerful.....its not often something this wonderful happens. =)
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Comment #33 posted by Prodigy on June 04, 2003 at 16:06:16 PT:
U.S. District Judge Charles Breyer ROCKS!!!
U.S. District Judge Charles Breyer ROCKS!!!
U.S. District Judge Charles Breyer ROCKS!!! 
U.S. District Judge Charles Breyer ROCKS!!! Now one more time Ed. Really give it some meaning this time.U.S. District Judge Charles Breyer _ _ _-K_ _ _ ROCKS!!!That’s more like it!Peace & Good health to You,Steve :-)
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Comment #32 posted by FoM on June 04, 2003 at 15:37:01 PT
How To Become Defeated
I started out today prepared for very bad news. I went to bed thinking about how this happened to Ed. I thought of Valerie and Mike Corral and felt such heaviness. I wondered if the Bush Administration won and we lost and there is no more hope. I haven't felt so down in a while but it sure carried over in my earlier comments today. Sometimes I feel what is the use. I get people mad and I don't mean too and then to watch justice fail over and over I begin to feel defeated. We must never forget how far we've come in the last few years. A battle it is but we sure aren't losing and that must have John Walters feeling defeated and he should. We need to hold our heads high because we've thought this thru and we know beyond a shadow of a doubt we are right. If we can really keep a good attitude we gain inner strength and we will be hard to deal with and that is how we will win.
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Comment #31 posted by Max Flowers on June 04, 2003 at 15:01:35 PT
Any fear/doubt gives them power
The way I see it, we don't let them get comfortable like that. Stay on the offensive. Keep upsetting their little apple cart at every opportunity on this issue. Keep sending angry letters, keep injecting ugly little reminders into their day that this issue is still here, people are still pissed off, and making a scene about this. We need to use the media to make them look like the heartless bastards they are.Accuse them daily of the tyrannical and POSITIVELY UNAMERICAN, WITCH-HUNT, McCARTHYIST STALINIST nature of the war on cannabis (and indeed the WOD as a whole). Borrow that phrase if you like when you write, I don't mind, in fact I think we should etch that one is stone right now and start making t-shirts and bumper stickers:The War On Cannabis is some POSITIVELY UNAMERICAN, WITCH-HUNT, McCARTHYIST, STALINIST BULLSHIT.
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Comment #30 posted by Commonsense on June 04, 2003 at 14:40:20 PT
Patrick 
You are right. I'll shut up and let people celebrate. 
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Comment #29 posted by Commonsense on June 04, 2003 at 14:36:49 PT
Max Flowers
I hope you are right. I just don't see the feds slinking off with their tail between their legs. I see them patting each other on the back over a cigar and a glass of Scotch as they congratulate each other on masterfully diffusing this situation. No one will ever have Ed's unique defense again. I'm just holding out hope that by some miracle the conviction is overturned on appeal. These feds have no right to govern state laws over matters not affecting interstate commerce. They need to butt out of local business.
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Comment #28 posted by Patrick on June 04, 2003 at 14:36:44 PT
Nice rebuttal Max Flowers!
As always there is at least three sides to everything. Today is a day to see the glass as half full instead instead of half empty. And as always, there is tomorrow for hindsight.
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Comment #27 posted by Max Flowers on June 04, 2003 at 14:21:53 PT
Commonsense
You have it wrong. This is how it's going to happen: the next medical cannabis person that they try to persecute/prosecute, is going to have a lot less fear because of this decision. That person, that patient, will NOT have forgotten Ed's case, at all. And they will be made angry, and not as intimidated as before, by federal hassles. Their cause will be publicized too, and that case will be followed too. And the federal judge presiding over the case will be less cocky than before. And all the while the growing realization that the "bad guys" in this are the feds, not these compassionate citizens who love a plant, will be spreading throughout the land until it becomes political suicide to align oneself to the prohibitionist cause.
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Comment #26 posted by Commonsense on June 04, 2003 at 14:03:23 PT
I don't know that this is such a great victory...
I don't know that this is such a great victory for the cause. It's great for Ed because he doesn't have to go to prison, but let's think about this. Ed got a $1,300.00 fine and three years probation. The Judge said the reason he was so lenient was because Ed had a good argument that he didn't know that what he was doing was illegal. The Judge also said that from now on no one will have this excuse. He did not say that from now on people can grow pot and get away with it as long as a city says it's okay. He said now people should know the federal law and no one should make the same "mistake" Ed made.Ed's on probation for three years and the probation officers are allowed to bust in and inspect his property at anytime to see that Ed isn't growing more pot and even that he is not in possession of a personal amount of pot. They might even subject him to random drug screens. If they catch him doing anything illegal, he could end up in prison. I am happy for Ed, but this isn't necessarily a great victory for the cause. It will probably receive minimal air play and then drop off the radar screen for the rest of America. The feds will continue to bust medical marijuana providers who openly grow pot and from now on know one will be able to claim that they thought what they were doing was perfectly legal because the city approved of it. The next guy will end up in prison. This may sound awful, but it may have been better for the cause if Ed had gotten a few months of prison. Then at least there would be massive protests that would have kept this thing alive and in the media such that some minds might be changed about our stupid marijuana laws. As it is I fear this case will soon be all but forgotten. 
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Comment #25 posted by FoM on June 04, 2003 at 13:57:38 PT
Kaptinemo 
I've been adding more pictures when I find them. Swampie asked why Ed wasn't more outspoken during his trial and I said because that doesn't seem to be Ed's nature but you said: Beware the anger of the patient man.In a few of the pictures he was letting it all out. I'm like Ed. It takes me a long time to get angry but when I finally am pushed too hard I would act just like him!
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Comment #24 posted by billos on June 04, 2003 at 13:55:09 PT:
Walters Vs. Rosenthal
Put that in your pipe and smoke it, Jonnie!!!
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Comment #23 posted by kaptinemo on June 04, 2003 at 13:47:16 PT:

FoM, I just saw the pix, too
I hope that someone was taping Mr. Rosenthal's remarks; I'd very much like to hear what he had to say...Cannabis prohibition is terminal in California; barring that martial law I am worried about, it may take time to die, but it's a done deal. It received a mortal wound today; it may take a couple years or more, but you can go ahead and order the plot and pick out the tombstone. And plan for a California version of the good old Irish wake for the soon to be not-so-dearly departed.Sorry, antis, no alcohol served. The people have spoken...with a growling edge to their voices that only a fool would ignore. But the Feds, God bless their pointy little heads, will not understand the import of this day. They will try ignore this and they will try to run roughshod over sick people in California again. When they do...when they try to ignore the white hot fury that this has engendered in so many...next time the people won't be wasting their time trying to talk some sense into these idiots. Next time..the legal teeth and claws come out. And Breyer's actions, even with his 'sentence', has opened himself and the entire prohibition apparatus to the very scrutiny they wished to avoid from the public at large. That public's indifference has turned to interest...and anger. "Beware the anger of the patient man" goes one Irish saying I know. We've been patient, and we've been angry. This is a small taste of what happens when that anger gets channeled properly. The Feds better pray that they don't tick off more voters in State which is practically a country, it has so much economic importance.
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Comment #22 posted by afterburner on June 04, 2003 at 13:38:32 PT:

Note to Feds
Your black cards can make you money - 
So you hide them when you're able - 
In the land of milk and honey - 
You must put them on the table -DO IT AGAIN http://www.steelydan.com/lyrthrill.html#track1Ed's "tipping point" marks the beginning of the end for cannabis prohibition. With 9 states on-board for medical cannabis and 12 states with decriminalization laws, we are nearing critical mass. This is why the federal government is getting increasingly strident in their desperate attempt to maintain the power-grab of the prison-pharmaceutical complex.ego transcendence follows ego destruction, state by state, heart by heart, study by study, until the lies are swept away by the broom of truth. 
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Comment #21 posted by Ethan Russo MD on June 04, 2003 at 13:29:42 PT:

Media
Check out CNN. Aaron Brown had a great report last night, and said they'd be following the case. I suspect that he is strongly on our side.
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Comment #20 posted by TecHnoCult on June 04, 2003 at 13:27:24 PT

Mainstream Media
Is this even being mentioned in the main stream media? Surely they cannot ignore this???THC
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Comment #19 posted by TecHnoCult on June 04, 2003 at 13:26:46 PT

Mainstream Media
Is this even being mentioned in the main stream media? Surely they cannot ignore this???THC
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Comment #17 posted by kaptinemo on June 04, 2003 at 13:07:38 PT:

A day like no other...
For once, the good guys won...and won soooo much more than just one man's court case.Judge Breyer knew that in the face of massive public outcry, he'd have to back off. The Feds...blinked. And not just blinked, but flinched. They knew that to press their case, they'd have to resort to tricks and lies, and it blew up their faces, as anyone familiar with their ways knew it eventually would. I predict a massive number of MMJ grow ops to be sanctioned under the cover of municipalities very shortly. With local media stations in the area talking up jury nullification, with all the publicity of jurors speaking out against the conviction they were betrayed into making, and the growing fury about Federal interference in local governance laws, the Feds are facing what amounts to a civil insurrection. One that can only be met with force, as they have in essence lost the 'hearts and minds' gambit long ago with their brutalizing of sick people as they did at WAMM.This day will be remembered in the future when things began to turn around. Because the only card the Feds have left to play is the martial law one. They've exhausted all their other options.
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Comment #16 posted by FoM on June 04, 2003 at 13:05:20 PT

The GCW
I can't begin to tell you how good that made me feel. Thank You So Very Much!I love the angel with the leaves on it!
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Comment #15 posted by The GCW on June 04, 2003 at 12:58:38 PT

FoM
I just checked out Your site with the pics.: http://freedomtoexhale.com/trialpics.htmIt brought instant tears of joy.You are awesome, You are a sweetheart.Thank You so so very much.I can not tell YOu how much I love YOu.Thank You,FoMYou are also My hero.With out YOu, I would just be angry.Keep Your smile!
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Comment #14 posted by FoM on June 04, 2003 at 12:58:25 PT

Dr. Russo
I haven't heard that word in a long time! I'll add it's absolutely fabulous! LOL!http://freedomtoexhale.com/trialpics.htm
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Comment #13 posted by The GCW on June 04, 2003 at 12:52:06 PT

This is awesome...
I hope Ed is not done with them!Probation is for criminals!Ed is a hero, not a criminal!Give a life sentence for Bush and Walters and Ashcroft!Ed has been tormented!I wish Ed peace, but He must still fight!Ed fights for all of Us!Thank You, to all Green Collar Workers.
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Comment #12 posted by DCP on June 04, 2003 at 12:46:59 PT

Today's Sentence
IMHO, by today's sentence of one day and three years of probation the feds hoped to accomplish three things: to keep Ed from being a martyr; to keep Ed from growing for three years; and perhaps most important, to prevent his appeal to the 9th Circuit Court of Appeals where the whole trial might have been overturned on a number of accounts. These being prosecution's misconduct during the grand jury hearing, Judge Breyer's not allowing mmj evidence to be heard, and other decisions by Breyer in an effort to keep the jury from hearing about Ed's growing for Oakland. 
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Comment #11 posted by Treeanna on June 04, 2003 at 12:38:19 PT

Even if he loses the appeals...
He cant be given any harsher sentence than was originally given (assuming he was tried and convicted again).
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Comment #10 posted by WolfgangWylde on June 04, 2003 at 12:38:03 PT

Correct me if I'm wrong...
...but didn't Judge Breyer just take a leak all over the Federally mandated sentencing guidelines? There's supposed to be mandatory minimums for what Ed was convicted of. I don't think we've heard the last of this.
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Comment #9 posted by Ethan Russo MD on June 04, 2003 at 12:36:28 PT:

thanks, FoM
I haven't used this word in a while, FoM, but those pictures are Fab!
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Comment #8 posted by FoM on June 04, 2003 at 12:29:12 PT

Updated Pictures!
http://freedomtoexhale.com/trialpics.htm
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Comment #7 posted by Prime on June 04, 2003 at 12:21:40 PT

Sorry, to excited to type...
The reason I'm going book shopping....I'm paying part of Ed's fine. I feel I owe him, big time!!
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Comment #6 posted by Prime on June 04, 2003 at 12:16:53 PT

Victory is ours!!
Oh what a relief!!This is absolutely huge. Ed is a hero.So now to the real heart of the matter, how much money did John Ashcroft and morality police waste on this obsurd travisty (SP?) of justice?Time to go book shopping.
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Comment #5 posted by delariand on June 04, 2003 at 11:52:56 PT

Hooray!
A chink of humanity has shown through the judge's stonewall. Perhaps there's more to this story than we know? Who knows what kind of consequences there could have been for the man's career if he didn't come down hard on Rosenthal. For whatever reason, it's all over now. We've gained huge exposure for our cause, Ed is free, and the Feds lost another brick.I hope I live to see the day cannabis is declared free. Things are definitely looking up, but that's been the case in the past, as well... 
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Comment #4 posted by FoM on June 04, 2003 at 11:38:23 PT

firedog
Good questions but I don't know any of the answers. Hopefully as soon as more news becomes available we will have some of your questions answered. We'd all like to know I'm sure.
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Comment #3 posted by firedog on June 04, 2003 at 11:34:01 PT

So, what does this mean?
This is great news for Ed, of course, and other people who end up in his situation. Great news for all of us!What I want to know is how much this investigation, prosecution, and trial cost the taxpayers?And why only a 1-day sentence? Are the feds hoping that Ed will drop his appeals?Did they just want a symbolic conviction and sentence, without creating a martyr?They aren't likely to convict anyone else. In future trials, if there's even the slightest question that someone is growing cannabis for medical reasons or that that kind of information is being withheld, I'm sure the jury won't convict.Did the concerns of the jury, California attorney general, and the general population actually have an effect on the outcome?Am I reading too much into this, or did we actually WIN this time?I'm happy but confused...
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Comment #2 posted by FoM on June 04, 2003 at 10:59:05 PT

News Brief from Reuters
California 'Ganja Guru' Sentenced to Day in Jail Wednesday June 4, 2003 SAN FRANCISCO (Reuters) - Amid cheers from supporters, marijuana advocate Ed Rosenthal was sentenced on Wednesday to a single day in jail for growing the drug in violation of federal law even though California allows its cultivation for medical use.U.S. District Judge Charles Breyer said he handed down the light sentence because of the "extraordinary circumstances" of the case -- referring to the fact that growing marijuana for medical purposes was legal under a voter-approved California law.But during the trial, the judge had not allowed Rosenthal, a 58-year-old self described "ganja guru," to present evidence that he had grown the marijuana as an officer of the city of Oakland, which had a medical marijuana program.As a result, a jury found Rosenthal guilty of violating federal law with several jurors trying afterward to recant the verdict when they found out the circumstances of the case.Breyer sentenced Rosenthal to a single day in prison but gave him credit for time served so he walked out of court a free man. He also fined Rosenthal $1,300.

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Comment #1 posted by WolfgangWylde on June 04, 2003 at 10:48:52 PT

Wow....
...I'm stunned. Another part of the wall just collapsed.
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