Mon, Feb 3, 2003
A federal jury Friday found Ed Rosenthal, author of books on how-to-grow marijuana and how to avoid the law, guilty of marijuana cultivation and conspiracy charges.
The federal jury concluded that Rosenthal was growing plants, conspiring to cultivate marijuana and maintaining a warehouse for a growing operation. Rosenthal, 58, faces a maximum of 85 years in prison when sentenced June 4.
The verdict comes as another victory for the federal government in their fight to squash Californian laws. Rosenthal's arrest last year was among a string of Drug Enforcement Administration raids on medical marijuana suppliers in California, where medical marijuana co-ops are run legitimately under Proposition 215.
State medical marijuana laws are disregarded in federal cases meaning that no evidence can be used to show that a person was growing or using marijuana for medical purposes. Rosenthal was never able to tell the jury that he was growing marijuana as "an officer" for the city of Oakland's medical marijuana program. His lawyers were twice rebuffed by the 9th US Circuit Court of Appeals in their bid to call on witnesses that would have testified that Rosenthal's marijuana was being grown for the sick and dying. Furthermore, over half of the 52 potential jurors were axed after expressing their support for medical marijuana and states’ rights.
Rosenthal noted in his trial that the plants agents seized didn't have buds - the part of the plant normally smoked for a high - because he planned to give out cuttings to seriously ill people yet, the government persisted in portraying Rosenthal as a major drug supplier.
Outside the courtroom, jury foreman Charles Sackett III said jurors suspected Rosenthal was growing medical marijuana since protesters held constant demonstrations, however federal laws were followed when the decision was made.
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