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Dean Murphy
SAN FRANCISCO, June 4 -- A convicted marijuana grower
was sentenced to one day in prison and fined $1,000 by
a federal judge today, the most lenient sentence allowed
under law.
The defendant, Ed Rosenthal, had faced a possible sentence
of 100 years in prison and a potential fine of $4.5 million
for his conviction in January on felony charges of marijuana
cultivation and conspiracy.
"We are all delighted with what we view as as fair
and just a sentence that could be imposed under the circumstances
of Ed having suffered a conviction," one of Mr. Rosenthal's
lawyers, Dennis P. Riordan, said.
Federal authorities arrested Mr. Rosenthal last year
for growing marijuana to be sold for medicinal uses under
the auspices of the City of Oakland's medicinal marijuana
ordinance.
Though the Oakland ordinance is permitted under a 1996
California state proposition, there is no provision for
growing marijuana under federal drug laws.
The judge, Charles R. Breyer of Federal District Court,
had not allowed Mr. Rosenthal to raise medicinal marijuana
as a defense, leading some jurors to later complain that
they had been misled by the court. After convicting Mr.
Rosenthal, several jurors requested a new trial, and when
that failed, wrote to Judge Breyer urging leniency.
At a hearing today, Judge Breyer said it was reasonable
to conclude that Mr. Rosenthal had believed he was acting
legally. By making that determination, the judge was able
to skirt some minimum sentence requirements, which could
have put Mr. Rosenthal in prison for at least five years,
his lawyers said.
In addition to the fine and day in jail, Judge Breyer
sentenced Mr. Rosenthal to three years of court supervision.
"Today has just put my faith back into this judicial
system again," said Pamela Klarkowski, one of the
jurors who had written to the judge. "It's just wonderful
to see mercy involved in our judicial system."
Mr. Rosenthal left the courtroom a free man, as Judge
Breyer awarded him credit for a day spent in jail.
But Mr. Rosenthal, 58, the author of a dozen cannabis
self-help books, declared that Judge Breyer "did
me no favors" and "made me a felon" as
part of a "corrupted system." He called on the
judge to resign for not having allowed the medicinal marijuana
defense, and he vowed to fight to overturn laws banning
marijuana.
"This is Day 1 in the crusade to bring down the
marijuana laws," Mr. Rosenthal said at a news conference
held on a parking lot rented by his supporters. "The
federal government makes no distinction between medical
and recreational marijuana. They're right. All marijuana
should be legal."
Mr. Riordan and another of Mr. Rosenthal's lawyers, Robert
V. Eye, said they disagreed with Mr. Rosenthal's characterization
of Judge Breyer. Mr. Eye said the judge's handling of
the sentence was a reminder that "justice can be
done." Nonetheless, the two lawyers said, the case
would be appealed in an effort to clear Mr. Rosenthal's
name.
Though there was general consensus that the sentencing
today did not amount to a legal breakthrough for advocates
of medical marijuana, some predicted it would embolden
the movement to challenge federal drug laws. Nine states,
including California, allow the sick and dying to smoke
or grow marijuana with a doctor's recommendation.
"I think 20 years from now, when historians look
back at how the federal war on medical marijuana ended,
this will be the hinge point," said Bruce Mirken
of the Marijuana Policy Project, an advocacy group in
Washington.
But Richard Meyer, a spokesman for the federal Drug Enforcement
Administration in San Francisco, said the sentencing would
have no effect on the agency's work.
"We are not listening to them," Mr. Meyer said
of the marijuana advocates. "We will continue to
protect the public from the dangers of all illegal drugs."
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