Tag: Ed Rosenthal

Pot Guru Ed Rosenthal To Be Retried Even Though Jail Off the Table

When we last checked in with marijuana activist Ed Rosenthal (background here), a federal judge had thrown out added money laundering and tax charges against him finding them based on prosecutorial vindictiveness. That left the Government with a few cultivation charges, on which he had already served his sentence.

Yesterday at a hearing, the Government announced it would stick with the case and re-try Ed even though he couldn't be sent to jail.

The Judge demanded to know who made this decision. It was newly appointed U.S. Attorney Scott Schools. I guess he's one of those U.S. Attorneys who just follow Administration marching orders.

Digby weighs in on this incredible waste of prosecutorial resources.

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Judge Orders U.S. Attorney to Turn Over Memos on Pot Advocate

A few years ago, I frequently wrote about the trial of San Francisco marijuana advocate Ed Rosenthal. In 2003, Sherry Colb at Findlaw had a good synopsis of the case.

First, Ed Rosenthal grew marijuana for sick and dying patients. Second, Rosenthal acted as an agent of Oakland, California's program to dispense marijuana to people whose doctors have prescribed it. Third, California's Proposition 215 expressly authorized the program.

At Rosenthal's trial, the defense sought to tell the jury these facts, but the judge ruled them inadmissible. As a result, Rosenthal was convicted by a jury whose members believed he was an ordinary marijuana grower.

The jurors were horrified to learn afterwards that Rosenthal had been a licensed marijuana dispenser.


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