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Perhaps only someone as audacious as the "Guru of Ganja" Ed Rosenthal would file a small-claims lawsuit over a pot deal gone awry -- and maybe only in San Francisco could he win such a case.
On Friday, San Francisco Superior Court Commissioner Catherine Lyons ruled that pot club owner Bob Martin must pay Rosenthal $4,500 for medical marijuana plants confiscated by the federal government in February, 2002 during a Drug Enforcement Administration raid at a Sixth Street medical pot club.
The case has divided The City's medical-marijuana community. While Rosenthal is one of the most famous marijuana advocates in the country, Martin is a popular figure here in San Francisco, where he owns two medical-pot dispensaries.
"I think of it as a family feud," said former District Attorney Terence Hallinan, who is representing Martin.
In the suit, Rosenthal claimed Martin wrote him $7,000 worth of checks for marijuana "clones" -- plants grown from cuttings of other plants -- that were delivered to the Harm Reduction Center, at Sixth and Howard streets.
Martin said he cancelled the checks when he became convinced that Rosenthal was planning to use the $7,000 to "take the club over." And before he had a chance to discuss the situation with Rosenthal, the DEA agents raided the place, confiscated the plants and arrested Rosenthal.
"He is still trying to get money for pot that everybody was busted for," Martin said.
Rosenthal's trial, which drew national attention to the contradictions between federal and state marijuana laws, made him the poster boy for the medical-marijuana movement.
While he was convicted of marijuana cultivation and distribution charges, he received a one-day prison sentence and was publicly supported by the majority of the jurors on the case, who argued that the judge should have allowed them to consider the medical use of the marijuana during deliberations.
Martin believes Rosenthal is targeting him because he testified against Rosenthal at the trial.
Rosenthal made it clear that he is still bitter that Martin, who was subpoenaed by federal prosecutors, should not have taken the stand.
"He knew the trial was coming up. He could have skedaddled for a few weeks," Rosenthal said. "This guy is a snitch and now he is trying to get out of legitimate purchase and consulting fees."
But in his testimony in small-claims court, Martin pointed out the absurdity of being sued for not paying for substances illegal under federal law.
"If I was forced to pay those checks, your honor, I'd be committing a federal crime," he said. "I'd be paying for marijuana, which is a federal offense."
A reclusive Georgian, Martin was, until last season, the owner of 300 San Francisco Giants season tickets, making him the largest non-corporate ticket-holder. He keeps his pot clubs stocked with free food and regularly donates as many as 40 tickets a game to down-and-out medical-marijuana patients, according to some ticket recipients.
Martin said Rosenthal's lawsuit has convinced him to close his two pot clubs, one on Haight Street and one on Tenth Street. He said he has had enough of the medical-pot community.
He also vowed to appeal the small-claims decision.
"I will never, ever in my life time pay that man one nickel," said Martin.
Source: San Francisco Examiner (CA)
Author: J.K. Dineen, Staff Writer
Published: Monday, April 5, 2004
Copyright: 2004 San Francisco Examiner
Contact: letters@sfexaminer.com
Website: Examiner is back - Examiner.com
On Friday, San Francisco Superior Court Commissioner Catherine Lyons ruled that pot club owner Bob Martin must pay Rosenthal $4,500 for medical marijuana plants confiscated by the federal government in February, 2002 during a Drug Enforcement Administration raid at a Sixth Street medical pot club.
The case has divided The City's medical-marijuana community. While Rosenthal is one of the most famous marijuana advocates in the country, Martin is a popular figure here in San Francisco, where he owns two medical-pot dispensaries.
"I think of it as a family feud," said former District Attorney Terence Hallinan, who is representing Martin.
In the suit, Rosenthal claimed Martin wrote him $7,000 worth of checks for marijuana "clones" -- plants grown from cuttings of other plants -- that were delivered to the Harm Reduction Center, at Sixth and Howard streets.
Martin said he cancelled the checks when he became convinced that Rosenthal was planning to use the $7,000 to "take the club over." And before he had a chance to discuss the situation with Rosenthal, the DEA agents raided the place, confiscated the plants and arrested Rosenthal.
"He is still trying to get money for pot that everybody was busted for," Martin said.
Rosenthal's trial, which drew national attention to the contradictions between federal and state marijuana laws, made him the poster boy for the medical-marijuana movement.
While he was convicted of marijuana cultivation and distribution charges, he received a one-day prison sentence and was publicly supported by the majority of the jurors on the case, who argued that the judge should have allowed them to consider the medical use of the marijuana during deliberations.
Martin believes Rosenthal is targeting him because he testified against Rosenthal at the trial.
Rosenthal made it clear that he is still bitter that Martin, who was subpoenaed by federal prosecutors, should not have taken the stand.
"He knew the trial was coming up. He could have skedaddled for a few weeks," Rosenthal said. "This guy is a snitch and now he is trying to get out of legitimate purchase and consulting fees."
But in his testimony in small-claims court, Martin pointed out the absurdity of being sued for not paying for substances illegal under federal law.
"If I was forced to pay those checks, your honor, I'd be committing a federal crime," he said. "I'd be paying for marijuana, which is a federal offense."
A reclusive Georgian, Martin was, until last season, the owner of 300 San Francisco Giants season tickets, making him the largest non-corporate ticket-holder. He keeps his pot clubs stocked with free food and regularly donates as many as 40 tickets a game to down-and-out medical-marijuana patients, according to some ticket recipients.
Martin said Rosenthal's lawsuit has convinced him to close his two pot clubs, one on Haight Street and one on Tenth Street. He said he has had enough of the medical-pot community.
He also vowed to appeal the small-claims decision.
"I will never, ever in my life time pay that man one nickel," said Martin.
Source: San Francisco Examiner (CA)
Author: J.K. Dineen, Staff Writer
Published: Monday, April 5, 2004
Copyright: 2004 San Francisco Examiner
Contact: letters@sfexaminer.com
Website: Examiner is back - Examiner.com
