MARIJUANA GURU ROSENTHAL FREED AFTER DAY

06/04/2003 -- The self-proclaimed "Guru of Ganja" walked out of his drug trial a free man, ending a case that pitted the state's medical marijuana law against less permissive federal standards.

Ed Rosenthal, 58, was sentenced by a federal judge Wednesday to only one day in prison, with his time already served.

Rosenthal had faced up to 60 years behind bars for his January conviction of growing more than 100 marijuana plants in an Oakland warehouse. He argued unsuccessfully at trial that his actions were legal under a 1996 law passed by California voters that allows pot use for medical purposes.

The expert and author on marijuana cultivation stood firm in his beliefs before U.S. District Judge Charles Breyer. Marijuana advocates packed the courtroom, donning "Ed Rosenthal: Hero" buttons.

"I take responsibility for my actions that bring me here today. I took these actions because my conscience led me to help people who are suffering," he said. "These laws are doomed."

Breyer sentenced Rosenthal to one day in prison on each of three counts, to run concurrently, and then set him free after crediting him for time served. Rosenthal was fined $1,300 and will be on supervised release for three years.

The ruling was met by wild cheering, crying and applause.

Outside, Rosenthal was greeted by dozens of supporters wearing pot leaf leis and pro-marijuana T-shirts, and carrying signs that read "Medicate, Don't Incarcerate" and "This is persecution, not prosecution."

"This is day one in the crusade to bring down the marijuana laws," Rosenthal told the crowd. "I don't think one day in jail is justice ... There should be no criminal penalties for marijuana."

San Francisco District Attorney Terence Hallinan, known for his reluctance to prosecute low-level drug users, said the judge sent a powerful message.

"He established it is against federal law to grow marijuana, but he appreciates it was an act of compassion," said Hallinan.

Despite the light sentence, defense lawyer Dennis Riordan said he will continue his appeal of Rosenthal's conviction, calling it an "onerous burden" with "enormous consequences."

The judge made it clear his sentence was limited to Rosenthal's unique case and he was careful to warn others not to view it as precedent.

"Others are now on notice that a state or municipality cannot legally authorize medical marijuana," Breyer said.

Nonetheless, pot advocates applauded the light sentence.

"I think it's a marvelous victory for states' rights and the medical use of marijuana," said Keith Stroup, executive director of the National Organization for the Reform of Marijuana Laws. "It sends a strong signal to the federal government that they should reconsider their current program of arresting patients and caregivers in California."

Several of the jurors who found Rosenthal guilty of marijuana cultivation later said they would have acquitted him if they had known he was growing the plants for patients in Oakland. Breyer did not allow any mention of medical marijuana at the trial.

Last week, California Attorney General Bill Lockyer asked Breyer for leniency in Rosenthal's sentencing, citing the California Compassionate Use Act of 1996. The federal probation department recommended a 21-month prison term. Prosecutors asked for 6 1/2 years.

"This operation is a cash cow," Prosecutor George Bevan told the judge. "He put out thousands and thousands of plants," Bevan said. "I don't think anyone disagrees with helping sick people ... but as far as we're concerned, it was a business."