Pubdate: Tue, 05 Jun 2007
Source: San Francisco Bay Guardian, The (CA)
Copyright: 2007 San Francisco Bay Guardian
Contact:  http://www.sfbg.com/
Details: http://www.mapinc.org/media/387
Author: Sarah Acker
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal (Ed Rosenthal)
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

VERDICT CLOUDS POT PICTURE

Marijuana Activist Fears His Conviction Will Be Used to Punish Other 
Growers and Users

Medical marijuana activist and author Ed Rosenthal was found guilty 
of three federal felonies related to the cultivation and distribution 
of marijuana May 30. He was found not guilty on one other charge, and 
a deadlocked jury prompted the prosecution to drop a fifth charge. 
Rosenthal will serve no jail time.

In 2003, Rosenthal was convicted of related charges, but after a jury 
member learned that the marijuana Rosenthal cultivated was for 
medicinal purposes -- evidence that had been suppressed from court 
testimony -- she recanted her verdict, and a mistrial was declared. 
Prosecuting attorney George Bevan chose to retry his case against 
Rosenthal, which, Rosenthal told the Guardian, was a "purely 
political" maneuver. The US district judge presiding in the case, 
Charles Breyer, dismissed nine other charges sought by Bevan, 
including tax evasion and money laundering, calling them "vindictive."

Though Rosenthal has already served his jail time -- just one day -- 
he told us that the guilty verdict has larger implications for the 
medical marijuana movement. He fears the federal government will use 
this conviction as a green light to take ever more punitive actions 
against marijuana growers and users, particularly in states like 
California that have legalized pot for medical uses.

"If [the federal government] can convict in this case, where 
everything is so black-and-white, they can convict anywhere," Rosenthal said.

Rosenthal had been deputized by the city of Oakland to provide 
medical marijuana, but he was barred from presenting evidence of his 
abiding by city and state law in court during both trials.

Bevan declined to comment on his decision to retry the case or the 
larger implications of the result. Rosenthal vowed to appeal the verdict. 
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MAP posted-by: Richard Lake