CONVICTED POT GROWER ROSENTHAL IS SPARED JAIL TIME

A federal judge, striking a dramatic blow to the government's campaign
against medical marijuana, spared pot advocate Ed Rosenthal from a
prison sentence Wednesday for his conviction on cultivation charges,
saying Rosenthal believed he was acting legally.

Rosenthal, 58, a prominent author, columnist and authority on
marijuana growing, could have received at least five years in prison
under federal law for his conviction of growing more than 100 plants
for the Harm Reduction Center, a San Francisco dispensary operating
under California's medical marijuana law. A federal prosecutor had
asked for a 6 1/2-year sentence.

But U.S. District Judge Charles Breyer said the "extraordinary, unique
circumstances of this case" justified an exemption from the usual
sentencing requirements. He imposed the lightest term possible - a
day in jail, which Rosenthal served after his February 2002 arrest. He
also fined Rosenthal $1,300 and put him on supervised release for
three years with orders not to violate any criminal laws and to submit
to searches.

The packed courtroom erupted into cheers and shouts when Breyer
announced his sentence. Some spectators wept. Moments later, the
information reached a crowd of Rosenthal backers in the hallway,
prompting another celebration.

"This is Day 1 in the crusade to bring down the marijuana laws, all
the marijuana laws," Rosenthal proclaimed after the hearing to about
100 jubilant supporters.

Rosenthal, who had denounced Breyer as biased during the trial, was in
no mood to praise him after the sentencing.

"He did me no favors," Rosenthal said. "He made me a felon because he
would not allow the jury to hear the whole story. He had an agenda."

Rosenthal plans to appeal his conviction based on Breyer's rulings
that kept virtually the entire defense case from the jury - that
Rosenthal was protected by Proposition 215, the 1996 California
initiative that allowed seriously ill patients to obtain marijuana
with a doctor's recommendation, and that the city of Oakland had
designated him as an officer to supply marijuana to a patients.

Prosecutors could appeal Breyer's decision to reduce the sentence
below the standard federal guidelines. No decision has been made on an
appeal, said Assistant U.S. Attorney Matthew Jacobs, spokesman for the
office.

Meanwhile, advocacy groups declared victory.

'A Very Strong Message'

"Today marks the beginning of the end of the federal war on medical
marijuana patients," said Robert Kampia, executive director of the
nonprofit Marijuana Policy Project in Washington, D.C.

"It sends a very strong message to the Bush administration that they
had better focus their law enforcement resources on serious and
violent crime, especially terrorism, and stop arresting patients and
caregivers in the nine states that have legalized medical marijuana,"
said Keith Stroup, executive director of the National Organization for
the Reform of Marijuana Laws.

Also celebrating were some of the jurors who disavowed their guilty
verdict after learning that Rosenthal's medical marijuana defense had
been kept from them during the trial. Seven of the 12 jurors signed a
letter urging Breyer not to sentence Rosenthal to prison, and four
attended Wednesday's hearing. State Attorney General Bill Lockyer also
called for a lenient sentence.

"Today has put my faith back into our judicial system," said juror
Pamela Klarkowski, a registered nurse from Petaluma.

The prosecution of a noted activist on his home turf was only one of a
series of federal enforcement actions against medical marijuana
operations since California voters approved Prop. 215, actions that
have drawn increased resistance from local and state officials.

A civil suit initially filed by the Clinton administration resulted in
a U. S. Supreme Court ruling that shut down the Oakland marijuana
cooperative - though more than 30 others are still operating in the
state -\- and both the Clinton and Bush administrations have sought,
unsuccessfully so far, to punish doctors who recommend marijuana.

The Bush administration has also raided pot farms and dispensaries and
filed numerous criminal charges against medical marijuana growers,
winning prison sentences in at least four cases, with a dozen more
cases pending, according to advocates.

Rosenthal's case was unique because of his relationship with the city
of Oakland. Trying to shield its Cannabis Buyers' Cooperative from the
federal crackdown, the City Council declared the organization an
official city agency in 1998 and allowed its leaders to designate
suppliers - including Rosenthal - as city officers.

Blocking Evidence

Breyer, saying he was following federal drug laws, ruled before the
trial that Rosenthal did not qualify as a narcotics law enforcement
officer, which would have immunized him from prosecution. But he cited
the same evidence Wednesday in his sentencing decision.

Rosenthal "believed that he was not violating federal law," the judge
said. "His belief, while erroneous, was reasonable."

Because his ruling served notice that a local agency can't provide
protection from federal charges, Breyer said, leniency for Rosenthal
won't encourage lawbreaking by others.

But Rosenthal predicted predicted to reporters that higher courts
would find Breyer "dead wrong" on the immunity issue.


Pubdate: Thu, 05 Jun 2003
Source: San Francisco Chronicle (CA)
Webpage:
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/06/05/MN291734.DTL
Copyright: 2003 Hearst Communications Inc.
Contact: letters@sfchronicle.com
Website: http://www.sfgate.com/chronicle/