SAN FRANCISCO, May 31, 2007

Marijuana Activist Convicted Again

But 63-Year-Old Ed Rosenthal Won't Face Jail Time For Growing Marijuana Plants Meant To Treat Sick People

  • A founder of the National Organization for the Reform of Marijuana Laws, Ed Rosenthal once wrote the

    A founder of the National Organization for the Reform of Marijuana Laws, Ed Rosenthal once wrote the "Ask Ed" column for "High Times" magazine.  (AP Photo/Marcio Jose Sanchez)

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(AP)  The self-proclaimed "guru of ganja" was convicted again Wednesday in federal court of illegally growing hundreds of marijuana plants that he said were meant to treat sick people, which state law allows.

Ed Rosenthal was convicted after U.S. District Court Judge Charles Breyer prohibited the marijuana activist's lawyers from telling the jury he was working for a pot club sanctioned by Oakland government officials. The decision underscored the tension between federal law, which prohibits marijuana, and laws in 11 states that have legalized pot for medical purposes.

"We weren't allowed to give the jury valuable information it needed to make a fair and unbiased decision," Rosenthal said.

The jury deliberated for about two days before convicting Rosenthal of growing more than 100 marijuana plants, conspiring to cultivate the drug and maintaining a growing operation in a warehouse. He was acquitted of a fourth charge, and the jury couldn't decide on the fifth.

But the 63-year-old won't serve any time in prison. That's because he was convicted of the same charges in 2003 and sentenced to a day in prison because the judge said that Rosenthal reasonably believed he was immune from prosecution because he was acting on behalf of Oakland city officials.

An appeals court tossed out that conviction because of juror misconduct. The judge, in a fruitless attempt to persuade federal prosecutors to drop the case, has said he would not sentence Rosenthal to any more prison time.

The U.S. Supreme Court has ruled that marijuana is an illegal drug and that federal law trumps state laws, which left Rosenthal without much of a defense.

Federal prosecutor George Bevan declined to comment after the verdict was read Wednesday.

A founder of the National Organization for the Reform of Marijuana Laws, Rosenthal once wrote the "Ask Ed" column for "High Times" magazine. He has written books with titles such as "The Growers Handbook," "The Big Book of Buds" and "Ask Ed: Marijuana Law. Don't Get Busted."



© MMVII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by klingon69 June 1, 2007 3:32 PM EDT
Many Native Americans smoked cannabis, it was a main ingredient in "peace-pipes". Think about it, do you really want to go to war after smoking a bowl of ganja?
Nah, you're wondering if any buffalo stew is left.
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by rushman71 June 1, 2007 12:43 PM EDT
It is kind of funny to see our government support pharmaceutical companies to manufacture all these "drugs" that the doctors give out to patients, who end up either overdosing on the drug intake, or end up killing themselves in other ways. The only way I know of "overdosing" with marijuana is to fall asleep. There is not one occurance--not one--that is legit in fact that marijuana has caused death in overdose.
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by rushman71 June 1, 2007 12:27 PM EDT
waggie54: That was very good on what you said. If only our country could focus on other issues of "more importance", it would start to help relieve the tax paying society. You were also correct about our jailing system. Majority of the inmates are serving time for possession, distribution, or both. Getting arrested and sent to jail for smoking a joint does not make any sense at all. Period.
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by kansas1946 June 1, 2007 12:31 AM EDT
Good God. Is anyone else getting really sick of the federal government wasting our money on this kind of cr*ap. Leave the guy alone, issue him a tax stamp, and allow sick people a little respite.
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by szyjer June 1, 2007 12:00 AM EDT
Anyone who cares to know the truth and researches the subject, for example, by reading all the various subjects on Wikipedia such as marijuana, cannabis, medical cannabis, etc., would know that not only is marijuana not harmful, it is safe and effective treatment for a long list of medical problems and has been for thousands of years. Smoking marijuana is far safer and much, much more enjoyable than drinking a six-pack of beer. That's the catch ... it's still illegal because the BIG MONEY behind alcohol and tobacco don't want it legalized!! They don't want everyone to know how much better and safer it is, and BIG MONEY owns the government.
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by waggie54--2008 May 31, 2007 11:21 PM EDT
We need to stop the Drug War. We are wasting tax payers money for what. People that smoke Marijuana have good jobs and what does are Government do put them in jail or prison and then they lose their jobs. I just read in my local paper the four countys around me are all building bigger jails because they are overcrowded. Over 88% of the inmates in the four jails are in there for drug charges. When are the people of this Country going to wake up and see this Drug War is not working and start spending this money on health care for everyone. There are 100,000's thousands of people dying every year because they can't get health care. How many people do you see dying from smoking marijuana? Our Government has brain washed us to think marijuana is a killer drug. The Government can't tax it like they do the drugs at a drug store so they tell us it is a killer drug. If the people that think it is a killer drug would just try it once they would see it's not.
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by toolmangler-2009 May 31, 2007 8:55 PM EDT
Wheres the victim? No victim, No crime!
Posted by GOPACK443 at 01:40 PM : May 31, 2007


Habeas Corpus no longer exists. Bush killed it last year.
Don't believe me, check it out for yourself.
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by gunownerdan May 31, 2007 5:36 PM EDT
Marijuana has been illegal in the USA for over 70 years and today it is America's #1 cash crop.
And there are actually still people out there who think the "WAR ON DRUGS" is a good thing.
THE MADNESS OF PROHIBITION MUST STOP!
Law Enforcement Against Prohibition
www.leap.cc
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by consciousnes May 31, 2007 5:10 PM EDT
I still say we should legalize every controlled drug and then tax the hell out of it. That way we could track all the suppliers, require warning labels on it, and know who is doing what and when.
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by rushman71 May 31, 2007 4:59 PM EDT
Infidel_US: Your probably right.
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