T
The420Guy
Guest
U.S. lawyers have presented closing arguments in a trial that could
land a guru of the pro-marijuana movement in prison for the rest of
his life, even though California deems his actions legal.
Ed Rosenthal, 58, has never hidden his enthusiasm for the weed and has
written numerous books on the subject, including "Marijuana Grower's
Handbook: The Indoor High Yield Guide" and "Marijuana Question? Ask Ed".
He now faces three counts of violating U.S. federal law for growing
marijuana plants last year and, if convicted and given the maximum
sentence, could face life in prison. He is charged with growing more
than 3,000 marijuana plants for distribution to medical marijuana clubs.
In closing arguments, defense attorney Robert Eye ridiculed two
government Drug Enforcement Agency witnesses who testified in the case
- -- including one who called marijuana a "biohazard" -- and asked
jurors to disregard their testimony.
Eye also appealed to the jury to base their verdict on life
experience, prompting the judge to remind jurors of their obligation
to follow the law rather than personal sentiments.
"Is this really a case of getting dangerous drugs off the street? Of
course not," Eye told the jury.
Prosecutor George Bevan, an assistant U.S. Attorney, told the jury the
defense had ignored the evidence in the case and was improperly asking
the jury to send a message in their verdict.
"The counsel is saying base your decision on something other than the
evidence," he said in closing, adding, "Your decision in this case
must be based on the evidence."
In a short interview outside court, Rosenthal said the city of Oakland
had authorised him to grow the plants, and he produced an
identification card from his wallet reading: "Oakland Cannabis Buyers
Cooperative."
"I was told by the city of Oakland that what I was doing was totally
legal," said Rosenthal, a balding man with short hair, glasses and a
suit.
"What the government wants to do is put a saw via the court through
the whole medical marijuana movement," he said after final arguments
in the case. "I think to the government I was a trophy."
Pot in the Jury Room
The court case also marks the latest battle over medical marijuana
between the nation's most populous state and the federal government,
which has recently been cracking down on California clubs providing
the drug to ill patients.
Nine states, including California, permit medical use of marijuana
under state law. The drug often relieves pain and nausea and increases
appetite, but is outlawed in most of the United States because of the
hallucinogenic high it produces.
The state measures contradict federal law. The U.S. Supreme Court in
2001 ruled that clubs providing marijuana to sick patients were
breaking federal law.
"What we have in this country is a tremendous policy conflict between
federal, state and local law," said William Dolphin, who is following
the case for the Medical Marijuana Legal Defense and Education Fund, a
group backing Rosenthal.
Rosenthal's lawyer, Eye, also requested that the evidence be placed in
the room as jurors decide their verdict. "You want all of the
marijuana in the jury room?" Judge Charles Breyer asked Eye.
"Yes," the attorney said, referring to the six sealed cartons labelled
Drug Enforcement Agency evidence. The request was allowed.
The jury will begin their deliberations on Friday.
"That means I won't have a father at my high school graduation or even
my college graduation," adolescent daughter Justine Rosenthal told
Reuters when asked about the possibility of a guilty verdict. "My life
would be ruined."
Pubdate: Thu, 30 Jan 2003
Source: Reuters (Wire)
Copyright: 2003 Reuters Limited
Author: Adam Tanner
<Green Aid: The Medical Marijuana Legal Defense and Education Fund>
land a guru of the pro-marijuana movement in prison for the rest of
his life, even though California deems his actions legal.
Ed Rosenthal, 58, has never hidden his enthusiasm for the weed and has
written numerous books on the subject, including "Marijuana Grower's
Handbook: The Indoor High Yield Guide" and "Marijuana Question? Ask Ed".
He now faces three counts of violating U.S. federal law for growing
marijuana plants last year and, if convicted and given the maximum
sentence, could face life in prison. He is charged with growing more
than 3,000 marijuana plants for distribution to medical marijuana clubs.
In closing arguments, defense attorney Robert Eye ridiculed two
government Drug Enforcement Agency witnesses who testified in the case
- -- including one who called marijuana a "biohazard" -- and asked
jurors to disregard their testimony.
Eye also appealed to the jury to base their verdict on life
experience, prompting the judge to remind jurors of their obligation
to follow the law rather than personal sentiments.
"Is this really a case of getting dangerous drugs off the street? Of
course not," Eye told the jury.
Prosecutor George Bevan, an assistant U.S. Attorney, told the jury the
defense had ignored the evidence in the case and was improperly asking
the jury to send a message in their verdict.
"The counsel is saying base your decision on something other than the
evidence," he said in closing, adding, "Your decision in this case
must be based on the evidence."
In a short interview outside court, Rosenthal said the city of Oakland
had authorised him to grow the plants, and he produced an
identification card from his wallet reading: "Oakland Cannabis Buyers
Cooperative."
"I was told by the city of Oakland that what I was doing was totally
legal," said Rosenthal, a balding man with short hair, glasses and a
suit.
"What the government wants to do is put a saw via the court through
the whole medical marijuana movement," he said after final arguments
in the case. "I think to the government I was a trophy."
Pot in the Jury Room
The court case also marks the latest battle over medical marijuana
between the nation's most populous state and the federal government,
which has recently been cracking down on California clubs providing
the drug to ill patients.
Nine states, including California, permit medical use of marijuana
under state law. The drug often relieves pain and nausea and increases
appetite, but is outlawed in most of the United States because of the
hallucinogenic high it produces.
The state measures contradict federal law. The U.S. Supreme Court in
2001 ruled that clubs providing marijuana to sick patients were
breaking federal law.
"What we have in this country is a tremendous policy conflict between
federal, state and local law," said William Dolphin, who is following
the case for the Medical Marijuana Legal Defense and Education Fund, a
group backing Rosenthal.
Rosenthal's lawyer, Eye, also requested that the evidence be placed in
the room as jurors decide their verdict. "You want all of the
marijuana in the jury room?" Judge Charles Breyer asked Eye.
"Yes," the attorney said, referring to the six sealed cartons labelled
Drug Enforcement Agency evidence. The request was allowed.
The jury will begin their deliberations on Friday.
"That means I won't have a father at my high school graduation or even
my college graduation," adolescent daughter Justine Rosenthal told
Reuters when asked about the possibility of a guilty verdict. "My life
would be ruined."
Pubdate: Thu, 30 Jan 2003
Source: Reuters (Wire)
Copyright: 2003 Reuters Limited
Author: Adam Tanner
<Green Aid: The Medical Marijuana Legal Defense and Education Fund>
