Oakland marijuana activist and author Ed Rosenthal has lost his appeal to a federal appeals court in San Francisco on his conviction and one-day sentence for growing marijuana.
Rosenthal, 64, was convicted in federal court in San Francisco two years ago of growing marijuana in an Oakland warehouse and conspiring to do so.
On Thursday, 9th U.S. Circuit Court of Appeals rejected Rosenthal's argument that he should have been allowed to present witnesses to corroborate his claim that he believed he was helping the city of Oakland to carry out its medical marijuana program.
A three-judge appeals panel said that argument was irrelevant because under federal law, prosecutors need to prove only that Rosenthal knew that he was growing marijuana.
The panel wrote, "The evidence of Rosenthal's belief in the legality of his actions was irrelevant."
Rosenthal's lawyer, Michael Clough, said "there is a good chance" that Rosenthal will appeal further by asking the circuit court to rehear the case.
Clough said, "Yet another court has denied Rosenthal's right to present to the jury the true facts of the case."
While Rosenthal claimed outside of court that he was growing starter plants for medical marijuana patients under California's Compassionate Use Act, he was not allowed to make that argument at his trial because federal drug laws make no exception for state laws.
Rosenthal, the author of more than a dozen books on marijuana, was convicted of three counts of growing marijuana, maintaining premises for growing marijuana and conspiring to do so.
His 2007 trial was his second on the charges. He was previously convicted of three similar counts in 2003, but the appeals court overturned that conviction because of juror misconduct.
Although Rosenthal was sentenced to only one day already served in jail, he said he was appealing because he wanted to remove the record of a felony conviction.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: San Jose Mercury News
Contact: San Jose Mercury News
Copyright: 2009 by Bay City News, Inc
Website: Oakland Marijuana Activist Loses Appeal In Federal Court
Rosenthal, 64, was convicted in federal court in San Francisco two years ago of growing marijuana in an Oakland warehouse and conspiring to do so.
On Thursday, 9th U.S. Circuit Court of Appeals rejected Rosenthal's argument that he should have been allowed to present witnesses to corroborate his claim that he believed he was helping the city of Oakland to carry out its medical marijuana program.
A three-judge appeals panel said that argument was irrelevant because under federal law, prosecutors need to prove only that Rosenthal knew that he was growing marijuana.
The panel wrote, "The evidence of Rosenthal's belief in the legality of his actions was irrelevant."
Rosenthal's lawyer, Michael Clough, said "there is a good chance" that Rosenthal will appeal further by asking the circuit court to rehear the case.
Clough said, "Yet another court has denied Rosenthal's right to present to the jury the true facts of the case."
While Rosenthal claimed outside of court that he was growing starter plants for medical marijuana patients under California's Compassionate Use Act, he was not allowed to make that argument at his trial because federal drug laws make no exception for state laws.
Rosenthal, the author of more than a dozen books on marijuana, was convicted of three counts of growing marijuana, maintaining premises for growing marijuana and conspiring to do so.
His 2007 trial was his second on the charges. He was previously convicted of three similar counts in 2003, but the appeals court overturned that conviction because of juror misconduct.
Although Rosenthal was sentenced to only one day already served in jail, he said he was appealing because he wanted to remove the record of a felony conviction.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: San Jose Mercury News
Contact: San Jose Mercury News
Copyright: 2009 by Bay City News, Inc
Website: Oakland Marijuana Activist Loses Appeal In Federal Court
