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{ Ed Rosenthal } Pot advocate convicted on three charges but won't be punished
San Francisco Chronicle ^ | 5/30/7 | Bob Egelko

Posted on 05/30/2007 2:16:44 PM PDT by SmithL

SAN FRANCISCO -- Marijuana advocate Ed Rosenthal was convicted for a second time today of violating federal drug laws by growing pot plants for medical patients, but he faces no punishment for the felony convictions, apart from the one day in jail that he has already served.

Rosenthal, 62, of Oakland, a well-known authority on cannabis cultivation, former columnist for High Times magazine and author of a recent book calling for legalization of marijuana, was convicted by a federal jury in San Francisco of three charges of illegal cultivation and conspiracy after a day of deliberations. He was acquitted of a fourth charge, and the jury deadlocked on a fifth charge.

A separate jury had convicted Rosenthal of similar charges in 2003, but the verdict was overturned by an appeals court because of misconduct by a juror who called a lawyer for advice during deliberations. The charges normally carry a sentence of at least five years in prison, but U.S. District Judge Charles Breyer imposed only a one-day sentence, saying Rosenthal had believed he was acting legally because Oakland had designated him as its agent in the city's medical marijuana program.

Federal prosecutors tried to add charges of money-laundering and tax evasion for the retrial, but Breyer refused, saying the government was retaliating for Rosenthal's criticism of the case and his successful appeal. Prosecutors proceeded with the second trial, rejecting the judge's suggestion that they drop the case,

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Extended News; Government
KEYWORDS: convicted; edrosenthal; guruofganja
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1 posted on 05/30/2007 2:16:47 PM PDT by SmithL
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Breyer, Charles R.
Born 1941 in San Francisco, CA

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by William J. Clinton on July 24, 1997, to a seat vacated by D. Lowell Jensen; Confirmed by the Senate on November 8, 1997, and received commission on November 12, 1997.

Education:
Harvard College, A.B., 1963

University of California, Berkeley, Boalt Hall School of Law, J.D., 1966

Professional Career:
Law clerk, Hon. Oliver Carter, U.S. District Court, Northern District of California, 1966-1967
Counsel, Legal Aid Society of San Francisco, California, 1967
Assistant district attorney, District Attorney's Office, City & County of San Francisco, California, 1967-1973
Assistant special prosecutor, Watergate Special Prosecution Force, 1973-1974
Private practice, San Francisco, California, 1974-1979
Chief assistant district attorney, District Attorney's Office, City and County of San Francisco, California, 1979
Private practice, San Francisco, California, 1980-1997

Race or Ethnicity: White

Gender: Male

2 posted on 05/30/2007 2:17:19 PM PDT by SmithL (si vis pacem, para bellum)
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To: SmithL
Rosenthal was arrested in February 2002 after federal agents seized more than 3,700 marijuana plants at an Oakland warehouse.

I would have sympathized with the guy for few plants. 3,700 ? He's got a business going.
3 posted on 05/30/2007 2:19:25 PM PDT by kinoxi
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To: SmithL

As long as this guy is really only providing the dope to sick people, I have no problem with it. It is insane that all manner of narcotic pain relievers and addictive substances are perfectly legal in a medical setting but a nauseated chemo patient can’t use (relatively harmless) marijuana.


4 posted on 05/30/2007 2:26:22 PM PDT by BearCub
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To: SmithL

Then all the ones in jail should be turned loose.


5 posted on 05/30/2007 2:33:32 PM PDT by CindyDawg
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To: BearCub

He is a repeat offender, and he has had plenty of warnings.


6 posted on 05/30/2007 2:40:02 PM PDT by Cicero (Marcus Tullius)
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To: SmithL
Sorry, I just really wanted to post that in an appropriate thread.

And yes, I think it should be legal.
7 posted on 05/30/2007 2:44:47 PM PDT by BJClinton (Jimmy Carter: the Renaissance Man of incompetence)
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To: BearCub
I agree. I used to be a strict libertarian on the drug issue, but I have modified my views after practicing law for only 1 year. I think meth is a dangerous man made killer. Almost every single person I see doing criminal defense has been affected by meth in one way or another.

As a matter of fact, over 80% of the crime in my area is attributable to meth. It is man made and crazy addictive (no personal experience). It is highly complex, so it can actually be controlled on the supply side. I am all for that.

But marijuana is not addictive, nor does it lead to other crime. It really is pretty tame compared to a lot of the legal prescription medications. I happen to know because I am a chronic pain patient. You wouldn't know it looking at me, because the pain management works. My experience tells me that a war on marijuana is useless and a waste of money. It can be grown from the ground after all (or even a closet).

8 posted on 05/30/2007 3:04:27 PM PDT by Clump (Your family may not be safe, but at least their library records will be.)
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To: BearCub

“As long as this guy is really only providing the dope to sick people, I have no problem with it.”

Well I live in Portland, OR and the hippie papers here tell you what doctors to go to to get a prescription. No ailment required. SF is slightly more liberal so the docs there probably advertise for patients. The prescription thing has just become a loophole for potheads.


9 posted on 05/30/2007 3:11:59 PM PDT by MPJackal ("If you are not with us, you are against us.")
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To: kinoxi
I would have sympathized with the guy for few plants. 3,700 ? He's got a business going.

Ditto. I don't want it legalized (dope amnesty). But I figure if some dude is growing a couple plants in his own basement, it's his problem.

10 posted on 05/30/2007 3:23:15 PM PDT by EricT. (The tree of liberty needs to be watered...)
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To: EricT.

I think the concept of outlawing any plant would have been abhorrent to most of the Constitutional Founders of this country. Many grew Marijuana/Hemp. If they knew that their crops were outlawed in this time I can’t help but believe our law of the land would have ended up a few sentences longer. The concept of a government outlawing a plant would have been difficult to justify.


11 posted on 05/30/2007 3:36:15 PM PDT by kinoxi
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To: BearCub

I think one should be able to grow and ingest ANYTHING from the garden. However once you step out on the street and sell it, society has a right to protect itself from those practicing pharmacy without a license.


12 posted on 05/30/2007 3:46:26 PM PDT by Republicus2001
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To: kinoxi
I would have sympathized with the guy for few plants. 3,700 ? He's got a business going.

"Rosenthal had believed he was acting legally because Oakland had designated him as its agent in the city's medical marijuana program."

13 posted on 05/30/2007 4:03:58 PM PDT by Doe Eyes
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To: SmithL

...well if he’s in jail, he can’t vote Democrat in ‘08....


14 posted on 05/30/2007 4:43:14 PM PDT by Tzimisce (How Would Mohammed Vote? Hillary for President! www.dndorks.com)
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To: SmithL

Marijuana is one thing, but outlawing hemp at the same time is insane. Every year that hemp is illegal in the US, we lose tens of billions of dollars and tens of thousands of good paying jobs.

For no reason in the world. Only a fool would grow marijuana anywhere near hemp, because the hemp pollen would not only fertilize the female plants, so they would stop producing resin, but it would also ruin their seed, as it would be half hemp and half or less potent than marijuana.

Hemp would replace wood pulp for most paper, so that wood could be used for much more valuable lumber. And hemp paper is a LOT better than wood pulp paper anyway.

It makes high quality animal fodder, produces a good tasting high temperature edible oil, makes a silk-like cloth and very strong, good quality rope. And it grows most anywhere in the US, on marginal land with few fertilizers and pesticides.

The Canadians are now letting 100 farmers grow hemp commercially. It is going to be pretty ridiculous to see them making big bucks, when we can’t do so on this side of the border—and for no good reason.


15 posted on 05/30/2007 4:48:13 PM PDT by Popocatapetl
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To: BJClinton

LOL!


16 posted on 05/30/2007 7:50:57 PM PDT by TFFKAMM
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To: MPJackal

God no, we can’t have that.....what will become of society if people are allowed access to pot? The sky might literally fall.


17 posted on 05/30/2007 8:43:28 PM PDT by Nate505
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To: Nate505
Yea, go take another hit off your bong and grab some Fritos. It sure would be nice if people that don’t like laws go about changing them rather than breaking them. I have heard all the arguments that pot is not a gateway drug, but every heroin, coke, meth, ... addict I ever met was a pothead before that. So although I will admit not all potheads go on to harder drugs, it seems just about all hardcore addicts started as potheads. whether or not that justifies banning pot is what should be debated. Then, based on that debate, make it legal or not. But just because you don’t agree with a law is not a justification to break it.
18 posted on 05/31/2007 9:07:51 AM PDT by MPJackal ("If you are not with us, you are against us.")
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To: MPJackal

You mean hard drugs users started off using a drug that is more mild? You jest!

What’s next, 99% of all scotch users started off drinking beer?


19 posted on 05/31/2007 5:18:19 PM PDT by Nate505
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To: Nate505

What’s next, 99% of all scotch users started off drinking beer?

Yes. But Scotch drinkers don’t tend to steal, rob, and murder to feed their habit.


20 posted on 06/01/2007 8:56:40 AM PDT by MPJackal ("If you are not with us, you are against us.")
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