SPEAK OUT FOR ED ROSENTHAL!! PLEASE COPY AND DISTRIBUTE DrugSense FOCUS Alert #259 Wed, 22 Jan 2003 One of marijuana reform's greatest pioneers and allies is of course Ed Rosenthal of California. The jury has been selected and the trial of Rosenthal in federal court began on Jan 21. A federal judge in San Francisco is blocking a jury from hearing evidence that could exculpate him. Rosenthal is thus facing 20 years in prison on federal drug charges, though he believed himself to be immune from prosecution when he was deputized by the nearby city of Oakland in 1998 to cultivate cannabis for chronically ill patients. Rosenthal, 58, is now facing charges of cultivating more than 1,000 marijuana plants at a San Francisco medical marijuana club, conspiracy to grow marijuana, and maintaining a place to grow marijuana at an Oakland warehouse. The warehouse reportedly contained several thousand tiny starter plants that Rosenthal says were intended for distribution to medical marijuana patients who want to grow their own cannabis. During two weeks of hearings prior to jury selection, Rosenthal's lawyers engaged in a bitter legal struggle with Judge Breyer, who sought to block Rosenthal from using Prop. 215 as a defense against federal charges. Breyer denied defense motions to dismiss the charges based on selective prosecution, lack of jurisdiction, official immunity, and 9th and 10th Amendment arguments. In short, prior to trial, Judge Breyer effectively denied any and all rational and reasonable defense that Rosenthal's lawyers might offer, all of it based on the federal government's view of medical marijuana being the sole arbiter with regards to legal defense on medical necessity grounds. Now a jury of 12 Californians, eight of whom (based on the 68% yes vote in S.F.) likely voted for Proposition 215, are forced to decide his fate subject to this heavy legal instruction. PLEASE WRITE A LETTER TODAY to the local area newspapers of San Francisco. A short list of links follows below. If you write a letter to more than one outlet, please send them individually and do not use the CC feature of your email. It is also helpful to create unique messages for each paper due to the tight market. This further increases your chances for being printed. But remember that regardless of your being printed, it is URGENT that the media in the area be kept fully alert to the injustice that is being served in their own backyard. We need newspapers and readers to editorialize and express outrage against the federal government is directing its heavy power of the Justice Dept on Californians who honestly believed themselves to be respecting state law. And that further, these people were doing no harm to anyone whatsoever. Thanks for your effort and support. It's not what others do it's what YOU do PLEASE SEND US A COPY OF YOUR LETTER OR TELL US WHAT YOU DID (Letter, email messages, etc.) Please post a copy of your letter or report your action to the sent letter list () if you are subscribed, or by E-mailing a copy directly to if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts and be motivated to follow suit. This is _Very_ Important as it is one very effective way of gauging our impact and effectiveness. Subscribing to the Sent LTE list () will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts. To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm and/or http://www.mapinc.org/lists/index.htm#form CONTACT INFO You can get a continually updating link for stories about this trial that are being printed nationwide by going here: http://www.mapinc.org/people/Ed+Rosenthal ORIGINAL ARTICLES A good summary of the past week's events along with some historical background relating the facts of the case and related rulings can be found in the following stories. Note that a portion of the introductory text above was taken from the first article below, written by Ann Harrison and posted at Alternet. US: Web: The Trial Of Ed Rosenthal URL: http://www.mapinc.org/drugnews/v03/n087/a04.html Pubdate: Fri, 17 Jan 2003 Source: AlterNet (US Web) US: Clash on Medical Marijuana Puts a Grower in U.S. Court URL: http://www.mapinc.org/drugnews/v03/n095/a03.html Pubdate: Tue, 21 Jan 2003 Source: New York Times (NY) SAMPLE LETTER (Please note: If you choose to use this letter as a model please modify it at least somewhat so that the paper does not receive numerous copies of the same letter and so that the original author receives credit for his/her work.) Dear Editor: Federal Judge Charles Breyer may be able to keep all mention of California law out of his courtroom in the case of medical marijuana activist Ed Rosenthal (cited article), but he cannot silence the press and Americans who find the charges against Rosenthal to be unconscionable. The Bush administration's top lawyers know full well that over 75% of Americans support legal access to marijuana under a doctor's direction. Yet in their misguided and Quixotic attempt to rid the world of any marijuana use whatsoever, they are now expending huge tax dollars in trying, convicting and then imprisoning Rosenthal for up to twenty years mandatory. More importantly they are charging a man who was operating completely within California state law and who had the support and endorsement of the City of Oakland, local law enforcement and of course the 68% of San Franciscans who legalized marijuana for medical use in 1996. Our federal resources are needed to protect us from real enemies, not from those who provide medicine to the sick and dying. PS: Please keep this story on your radar and consider providing critical editorial comment. Stephen Heath Clearwater FL (Always include your address and phone number for newspaper verification. Most papers will not print your letter otherwise. ADDITIONAL INFO to help you in your letter writing efforts, Please See: Writer's Resources http://www.mapinc.org/resource/ TO SUBSCRIBE, DONATE, VOLUNTEER TO HELP, OR UPDATE YOUR EMAIL SEE http://www.drugsense.org/hurry.htm TO UNSUBSCRIBE SEE http://www.drugsense.org/unsub.htm Prepared by: Stephen Heath, Drug Policy Forum of Florida http://www.dpffl.org Focus Alert Specialist for MAP

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