POT 'GURU' GETS FINE, 1-DAY TERM

Dan Reed, Mercury News

Ed Rosenthal, the self-styled "Guru of Ganja," walked out of federal court a free man Wednesday.

A judge sentenced him to a single day in prison - instead of the 6 1/2 years prosecutors wanted - for growing more than 100 medicinal marijuana plants.

The surprisingly lenient sentence sent a charge of delight through the San Francisco courtroom gallery, which was packed with Rosenthal supporters. Later, more than 100 demonstrators cheered and swamped him in jubilation.

Rosenthal's case had become a cause celebre in the fight between states, such as California, which have passed laws allowing the use of medicinal marijuana, and the federal government, which forbids it.

During the trial, U.S. District Judge Charles R. Breyer would not allow the jury to learn Rosenthal was growing the pot for medicinal users - a ruling that supporters considered unfair. Since the February conviction, it was widely expected the judge would heed the request by Assistant U.S. Attorney George Bevan to send Rosenthal to federal prison for nearly seven years.

Instead, Breyer said it was reasonable to conclude that Rosenthal had believed he was acting legally and set Rosenthal free by awarding him credit for a day spent in jail last year.

In February, Rosenthal - author of the "Ask Ed" column for High Times magazine and "The Big Book of Buds" - was convicted on three felony drug counts in U.S. District Court in San Francisco for growing plants in a warehouse in Oakland, where he lives.

Bevan prosecuted Rosenthal for growing marijuana, conspiring to grow it and for maintaining a marijuana cultivation premises.

During the trial, Rosenthal's lawyers argued that his pot gardens were sanctioned by the city of Oakland, which allows providing cannabis to those who are ailing. The lawyers also said the plants were legal under Proposition 215, the medicinal marijuana initiative passed by voters in 1996.

The U.S. attorneys argued that marijuana is illegal, and that's that.

Looking more like an accountant than a pot guru in his conservative gray suit, Rosenthal, 58, pledged to his supporters outside the courthouse Wednesday that he would keep up the fight until there are no more laws criminalizing marijuana use for any reason.

"This is Day One in the crusade to bring down the marijuana laws," Rosenthal shouted after the court hearing, "all the marijuana laws!"

Judge Breyer also fined Rosenthal $1,000 and put him on supervised release - similar to parole - for three years. During that time, he is not allowed to use any controlled substances, such as marijuana.

When asked by a reporter whether he could abide by such a restriction, Rosenthal answered: "Next question." He also would not answer whether he would regrow his pot plantation.

Because jurors did not know Rosenthal was growing pot for medicinal use, after convicting him, several of them came to his defense. Saying Rosenthal had been portrayed as a drug kingpin and not a caregiver, they asked the judge not to send him to prison.

Eve Tully-Dobkin, a juror in Rosenthal's trial, said: "Today we saw justice. And we're thrilled with that."

Despite Breyer's light sentence, Rosenthal criticized the judge as he scowled and shouted at the bank of cameras facing him after his hearing.

"He did me no favors!" Rosenthal said. "He made me a felon because he did not allow the jury to hear the full story. He had an agenda. I call on Judge Breyer to resign."

Dennis Riordan, one of Rosenthal's lawyers, said he still plans to appeal Rosenthal's conviction.

Matthew Jacobs, spokesman for the U.S. Attorney's Office in San Francisco, said a decision had not been made on whether to appeal it.

But representatives from the National Organization for the Reform of Marijuana Laws were ecstatic.

"This verdict is a marvelous victory for Ed Rosenthal, states' rights, and for the medical use of marijuana," NORML executive director Keith Stroup said in a statement. "It should send a strong message to the Bush administration to stop wasting federal resources arresting and prosecuting medicinal marijuana patients and their care givers."

Gloria Clark of Berkeley joined the cheers when news leaked out to the sidewalk that Rosenthal would not go to prison.

"I'm delighted," said Clark, who smokes pot to help her lupus and the side effects of her prescription drugs. "But the process never should've gotten this far."