Background on Ed Rosenthal and his
Federal Prosecution for Medical Marijuana

Ed Rosenthal, 62, is recognized worldwide as an authority on marijuana. In his thirty-plus years as a cannabis expert, he has written or edited more than a dozen books about marijuana cultivation and social policy, that cumulatively have sold over one million copies. Rosenthal is a member of the International Cannabinoid Research Society and the Garden Writers Association of America, and has served as an expert witness on marijuana cultivation in federal and state trials.

Rosenthal has also been active in promoting and developing policies of civil regulation for medical marijuana. Since the passage of California's pioneering Prop 215 in 1996, which authorizes medicinal use of marijuana, he has worked with the state's growers, dispensaries, and local governments to implement the delivery of pharmaceutical-grade cannabis to patients.

On September 4, 1998, Rosenthal was designated an "officer of the City of Oakland" for the purpose of cultivating marijuana for local patients, pursuant to the Oakland Municipal Code Pertaining to Medical Cannabis.

On February 12, 2002, Rosenthal was arrested by federal agents for applying his knowledge and helping patients to grow medical marijuana.

On February 1, 2003, after a trial that received widespread international media attention, he was convicted of three counts of cultivation and conspiracy. The government asked for more than six years in prison, and Rosenthal faced a statutory maximum of 100 years imprisonment and possible fines up to $4.5 million.

Within hours of reaching a verdict, the majority of the jurors publicly renounced it, saying crucial facts had been kept from them. They sent a letter asking the judge to show mercy at sentencing.

On June 4th, 2003, in a dramatic departure from federal guidelines, US District Judge Charles Breyer sentenced Rosenthal to just one-day in prison and a $1,000 fine, with credit for the term Rosenthal "served" at the time of his arrest.

Unwilling to accept felony convictions for humanitarian work that he had been deputized by the City of Oakland to perform, Rosenthal appealed to the Ninth Circuit Court of Appeals.

On April 26, 2006, that court overturned the conviction after concluding that a juror had behaved improperly by consulting an outside attorney during deliberations.

On October 12, 2006, the US Attorney's office in San Francisco re-indicted Rosenthal, adding 11 additional felony counts, including money laundering and filing false tax returns. The money laundering charges related to four money orders totaling $1855; the tax charges alleged that he failed to file the income and expenses related to providing medical marijuana starter plants.

On March 13, 2007, US District Judge Charles Breyer dismissed the nine finance charges against Rosenthal as being vindictively motivated, saying, "The government's deeds - and words - create the perception that it added the new charges to make Rosenthal look like a common criminal and thus dissipate the criticism heaped on the government after the first trial.''

Five charges related to medical marijuana cultivation and distribution remain. The government has conceded that it cannot ask for additional penalty if they can obtain a second conviction.

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