iwannawin
June 4th, 2003, 9:36pm
Big pharmaceutical companies and the politicians to whom they contribute millions of dollars won't be happy about this:
Medical pot guru won’t go to joint
Judge who barred mitigating argument gives token sentence
SAN FRANCISCO, June 4 — 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 and then let him go after declaring he had already served the time. Rosenthal’s case represented the latest clash between state and federal authorities over the medical use of marijuana. The federal government does not recognize medical marijuana laws in the nine states, including California, that have them.
THE RULING was met by 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.”
Rosenthal, 58, was found guilty in February of growing more than 100 plants in an Oakland warehouse and could have faced as much as 60 years behind bars.
He had argued his actions were legal under a 1996 law passed by California voters that permits marijuana 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 did not allow the jury to hear those arguments, saying that federal law outlawing marijuana took precedence, but he was the same judge who let Rosenthal walk free Wednesday.
“This case should not and would not happen again. ... Rosenthal is hereby sentenced to custody of the federal Bureau of Prisons for one day with credit for time served,” Breyer said to tumultuous cheers in the courtroom.
“The court finds the circumstances of the offense are highly unusual,” the judge added. “What is significant for sentencing purposes is whether the defendant believed he was protected.” He also fined Rosenthal $1,300.
WHAT JURY DIDN’T HEAR
The jury found Rosenthal guilty of marijuana cultivation, but several jurors later said they would have acquitted him if they had known he was authorized by Oakland to grow the plants for patients.
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 that what he was doing was legal under state law.
“I think it was wrong,” Rosenthal said from his home Tuesday. “Once the jury found out the whole truth, they agreed. They repudiated their decision.”
Breyer could have sent Rosenthal to prison for up to 60 years. But the federal probation department had recommended a 21-month prison term, and California Attorney General Bill Lockyer had asked Breyer for leniency.
Breyer himself, in an order last month denying a new trial, suggested he might show leniency, saying that the medical marijuana details would be appropriate for consideration in the sentencing.
REFINED BILL IN WORKS
Rosenthal, who says he first smoked weed in 1967, is the author of “Marijuana Question? Ask Ed.”
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.
“Due to vague guidelines, patients and physicians have been subject to needless arrest and prosecution,” said state Sen. John Vasconcellos, the bill’s sponsor.
SUPPORTING THE FEDS
Others say the Rosenthal case should be 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.”
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.”
Federal law does not permit legalization of marijuana for medical use, but Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington allow it.
The Associated Press and Reuters contributed to this report.
http://www.msnbc.com/news/921968.asp?0cl=cR
Medical pot guru won’t go to joint
Judge who barred mitigating argument gives token sentence
SAN FRANCISCO, June 4 — 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 and then let him go after declaring he had already served the time. Rosenthal’s case represented the latest clash between state and federal authorities over the medical use of marijuana. The federal government does not recognize medical marijuana laws in the nine states, including California, that have them.
THE RULING was met by 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.”
Rosenthal, 58, was found guilty in February of growing more than 100 plants in an Oakland warehouse and could have faced as much as 60 years behind bars.
He had argued his actions were legal under a 1996 law passed by California voters that permits marijuana 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 did not allow the jury to hear those arguments, saying that federal law outlawing marijuana took precedence, but he was the same judge who let Rosenthal walk free Wednesday.
“This case should not and would not happen again. ... Rosenthal is hereby sentenced to custody of the federal Bureau of Prisons for one day with credit for time served,” Breyer said to tumultuous cheers in the courtroom.
“The court finds the circumstances of the offense are highly unusual,” the judge added. “What is significant for sentencing purposes is whether the defendant believed he was protected.” He also fined Rosenthal $1,300.
WHAT JURY DIDN’T HEAR
The jury found Rosenthal guilty of marijuana cultivation, but several jurors later said they would have acquitted him if they had known he was authorized by Oakland to grow the plants for patients.
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 that what he was doing was legal under state law.
“I think it was wrong,” Rosenthal said from his home Tuesday. “Once the jury found out the whole truth, they agreed. They repudiated their decision.”
Breyer could have sent Rosenthal to prison for up to 60 years. But the federal probation department had recommended a 21-month prison term, and California Attorney General Bill Lockyer had asked Breyer for leniency.
Breyer himself, in an order last month denying a new trial, suggested he might show leniency, saying that the medical marijuana details would be appropriate for consideration in the sentencing.
REFINED BILL IN WORKS
Rosenthal, who says he first smoked weed in 1967, is the author of “Marijuana Question? Ask Ed.”
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.
“Due to vague guidelines, patients and physicians have been subject to needless arrest and prosecution,” said state Sen. John Vasconcellos, the bill’s sponsor.
SUPPORTING THE FEDS
Others say the Rosenthal case should be 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.”
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.”
Federal law does not permit legalization of marijuana for medical use, but Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington allow it.
The Associated Press and Reuters contributed to this report.
http://www.msnbc.com/news/921968.asp?0cl=cR