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NEWS: CNN.com 04 Jun 03: Marijuana guru freed after one day in jail

BigTrancer

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Marijuana guru Ed Rosenthal freed after serving one-day jail sentence
Wednesday, June 4, 2003 Posted: 6:45 PM EDT (2245 GMT)

SAN FRANCISCO, California (AP) -- Ed Rosenthal, the self-proclaimed "Guru of Ganja," walked free Wednesday after a federal judge sentenced him to just one day in prison for growing marijuana Rosenthal said was for medical purposes. He could have gotten 60 years behind bars.

U.S. District Judge Charles Breyer said Rosenthal genuinely believed that what he was doing was not against the law. "He was unaware his conduct was not immunized from federal prosecution," the judge said.

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 California and the eight other states that have them.

Wednesday's decision was met by cheers and applause in the courtroom. Federal prosecutors had asked for a 6 [and a] 1/2-year prison term.

"I think it's a marvelous victory for states' rights and the medical use of marijuana," said Keith Stroup, executive director of the National Organization for the Reform of Marijuana Laws. "It sends a strong signal to the federal government that they should reconsider their current program of arresting patients and caregivers in California."

In January, a jury concluded Rosenthal was growing more than 100 plants, conspired to cultivate marijuana, and maintained an Oakland warehouse for a growing operation.

Rosenthal, 58, had said he was acting as an agent for Oakland's medical marijuana program, an outgrowth of a 1996 measure approved by California's voters that allows sick people to obtain marijuana with a letter from a doctor.

But the judge did not allow the jurors to hear those arguments, and several of them later said they would have acquitted Rosenthal had they known.

The judge sentenced Rosenthal to one day in prison, then set him free after crediting him with time already served, saying the defendant "had a reasonable belief that what he did was not contrary to law."

Rosenthal also was fined $1,300 and will be on supervised release for three years.

"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."

He was greeted by dozens of supporters wearing pot leaf leis and pro-marijuana T-shirts, some carrying signs that read "Medicate, Don't Incarcerate" and "This is persecution, not prosecution." The scent of marijuana was pungent despite a strong police presence.

Despite the light sentence, defense lawyer Dennis Riordan said he will continue his appeal of Rosenthal's conviction, calling it an "onerous burden" with "enormous consequences."

The judge warned that the sentence should not be viewed as a precedent.

"This case should not and could not happen again," he said. "Others are now on notice that a state or municipality cannot legally authorize medical marijuana."

Prosecutor George Bevan said 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, although Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington allow it.

From: http://www.cnn.com/2003/LAW/06/04/pot.king.ap/index.html

"The scent of marijuana was pungent despite a strong police presence..." heh.

BigTrancer :D
 
WOO!

Well, this has restored my faith in the US a small amount. Goes to show that there are still rational people over there ;)
 
Unfortunately, I don't think so with a quote like this:

The judge warned that the sentence should not be viewed as a precedent.

"This case should not and could not happen again," he said. "Others are now on notice that a state or municipality cannot legally authorize medical marijuana."
 
----"This case should not and could not happen again"he said"others are now on notice that a STATE OR MUNICIPALITY CAN NOT LEGALLY AUTHORIZE MEDICAL MARIJUANA"---

Not good

:(
 
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