Freedom for Marijuana Expert Ed Rosenthal
Symbolic One-Day Sentence, Credit for Time Served

SAN FRANCISCO (Wednesday, June 4, 2003) -- Ed Rosenthal walked out of federal court in San Francisco today a free man after the judge sentenced him to a single day in prison and then granted him credit for time served - the day and a half he was held after his arrest. Rosenthal also received a $1,000 fine and will be under court supervision for three years.

Though the sentence was met by cheers of joy and tears of relief in the overflow courtroom of Judge Charles Breyer, Rosenthal's outrage was unmuted, his determination unwavering.

"No one should have to go to prison for helping patients get their medicine - even for one day," said Rosenthal. "Any law that blocks patients' safe and reliable access to medicinal marijuana is wrong. It is time for federal laws to change."

Defense counsel Dennis Riordan made clear that a felony conviction is a serious consequence to bear, and that Rosenthal's appeal would continue to be important in challenging both the laws and the way the widely criticized trial was conducted.

Defense attorneys were buoyed by the judge's finding that while Mr. Rosenthal may have been wrong about the nuances of the law, he had credibly testified about his reasonable reliance on the advice of Oakland city officials.

"We are confident that our appeal will bring true justice to Ed Rosenthal and his family," said defense counsel Bill Simpich.

"This sentence shows that at the end of the day, we can see justice served," said Rosenthal's lead trial attorney, Robert Eye. "Today's decision is a credit to public outcry. The majority of Americans believe patients should have access to the medicine they need and that good people should not go to jail for doing the right thing."

Judge Breyer received a letter signed by the majority of the jurors in the case, asking that Rosenthal's freedom be "uninterrupted." California's Attorney General, Bill Lockyer, had also sent the judge a letter requesting maximum leniency.

The prosecution had sought a sentence of 6-1/2 years imprisonment; the statutory maximum for the three counts of which Rosenthal was convicted totaled 100 years and $4.5 million in fines.

SAN FRANCISCO -- Gardening expert and author Ed Rosenthal returns to federal court in San Francisco for sentencing at 8:30 a.m. Wednesday, June 4th Convicted in January of three felony counts related to growing medical marijuana, Rosenthal could receive a sentence of anywhere from a mandatory minimum of five years, to more than 80, as well as fines up to $2.5 million.

Attorneys for Rosenthal will ask the trial judge, Charles Breyer, to depart from the mandated sentence and impose no jail time. Judge Breyer has received a letter signed by the majority of the jurors in the case, asking that Rosenthal's freedom be "uninterrupted." California's Attorney General, Bill Lockyer, also sent the judge a letter requesting maximum leniency. Although federal law requires mandatory minimums of five years each for two of the counts, judges may reduce those sentences in limited circumstances. Most convicted patients, doctors and suppliers serve full sentences and wait out their appeals in prison.

Rosenthal's conviction has been condemned by elected officials ranging from San Francisco District Attorney Terence Hallinan and Board of Supervisors' President Matt Gonzales to Congressman Sam Farr and California Assembly Member Mark Leno. Editorials and opinion pieces critical of the Bush Administration's aggressive prosecution of Rosenthal and other medicinal marijuana providers have appeared everywhere from the New York Times to Playboy magazine.

Rosenthal's case has also generated new state and federal legislation that would allow those under federal prosecution to tell juries the whole truth about their humanitarian work. Last week, presidential candidate Dennis Kucinich announced that, if elected, he would issue an executive order legalizing medical use.

At trial, Rosenthal was prevented from presenting his defense. The jury did not learn until after they convicted him that Rosenthal had been deputized by the City of Oakland in an attempt to shield him from federal prosecution. Upon learning the truth, jurors who convicted Rosenthal took the unprecedented step of publicly renouncing their verdict and calling for a new trial.

Regardless of the sentence imposed, defense attorneys will be asking the Ninth Circuit Court of Appeals to overturn his conviction. They will also ask that Rosenthal be allowed to remain free on bail pending the hearing of that appeal, as he has been while awaiting sentencing.

WHO:
Ed Rosenthal, author and marijuana gardening expert
Hon. Nate Miley, Alameda County Board of Supervisors
Charles Sackett III, Jury Foreman in the Rosenthal trial
Eve Tully-Dobkin, Juror in the Rosenthal trial
Steph Sherer, Executive Director, Americans for Safe Access

WHAT:
Federal District Court Judge Charles Breyer to sentence Rosenthal, who was convicted in January of three felony counts related to growing medical marijuana. Rosenthal could receive a sentence of anywhere from a mandatory minimum of five years, to more than 80, as well as fines up to $2.5 million.

WHEN:
Wednesday, June 4th, 8:30 a.m.

WHERE:
Sentencing hearing: begins at 8:30 a.m. in the courtroom of Judge Breyer, 19th Floor, Federal District Court. 450 Golden Gate Ave. (between Polk and Larkin), San Francisco. (Note: the Golden Gate entrance is closed. Enter via Turk St.). The federal courthouse does not allow cameras or recording devices in the building.

Press Conference: There will be a press response 20 minutes after the court hearing adjourns at the Federal Auto Park, 530 Turk St., located across the street from the Turk side of the courthouse. Limited parking available.

Evidence that one juror violated the court's instructions by contacting an attorney for advice during the trial - and conveyed the information to another juror - was not enough for the judge to declare a mistrial in the medical marijuana case of Ed Rosenthal. After two dramatic hearings on the question early last month, trial judge Charles Breyer ruled today that the actions of the jurors did not entitle Rosenthal to a new trial.

In the motion just dismissed, Rosenthal's attorneys had argued that jurors received 'extra-judicial' information that unfairly influenced their verdict. A declaration from juror Marney Craig stated that, during the trial, confusion over the judge's instructions led her to seek legal advice on whether she could vote "not guilty."

Two other jurors, Pam Klarkowski and Eve Tulley-Dobkin, had testified that Craig spoke with them about it. Both said Craig had told them the attorney advised her that she must follow the judge's instructions and that she would be in trouble if she did otherwise.

Rosenthal's attorneys maintain that fear of consequences caused Craig and Klarkowski to vote against their consciences in finding Rosenthal guilty. The Supreme Court has ruled that bias or fear influencing even a single juror is grounds for dismissing a verdict.

Today's ruling also rejected Rosenthal's other reasons for a new trial. Defense attorneys had additionally argued that the court had improperly excluded 19 potential jurors because of their views on medical marijuana, that the court's instructions to the trial jury were wrong with respect to their ability to vote their consciences, and that the court erred in excluding Rosenthal's "entrapment by estoppel" defense, which rests on Rosenthal's understanding that Oakland officials had immunized him from federal prosecution. The defense had also argued that the prosecutor engaged in misconduct before the grand jury to get the indictment in the first place.

While Judge Breyer found that prosecutor George Bevan, Jr., in obtaining the indictment against Rosenthal, made false statements "calculated to overcome grand jurors' concerns" about patients' ability to obtain medical marijuana, he concluded the lies did not interfere with the grand jury's function.

Judge Breyer's ruling means Rosenthal's conviction stands, and he will be sentenced on June 4, 2003 to anywhere from 5 years in federal prison to more than 80. Once Rosenthal is sentenced, his attorneys will be able to file an appeal, asking the Ninth Circuit Court of Appeals to overturn his conviction.

WHAT: Sentencing in the Ed Rosenthal medical marijuana case

WHEN: Wednesday, June 4, 2003, 8:30 a.m.

WHERE: U.S. District Court, Northern District of California, Courtroom of Judge Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

WHO: Ed Rosenthal, a leading expert on marijuana, faces a minimum of five years in federal prison, with a possibility of more than 80 years and several million dollars in fines.

Wrong Advice to Juror Grounds for Mistrial in Medical Marijuana Trial

Convicted medical-marijuana cultivator Ed Rosenthal will get a new federal trial if Judge Charles Breyer finds that jurors received 'extra-judicial' information that unfairly influenced their verdict. Rosenthal's attorneys will present their evidence for a mistrial at a hearing Tuesday, April 1, at 9:00 a.m. in the U.S. District Court in San Francisco.

Defense attorneys are expected to elicit testimony from Marney Craig that, during the trial, confusion over the judge's instructions led her to seek legal advice on whether she could vote 'not guilty.'

Rosenthal's attorneys maintain she was misinformed on her rights as a juror, that she shared that bad advice with another juror, Pamela Klarkowski, and that fear of the consequences caused them to vote against their consciences.

The Supreme Court has ruled that bias or fear influencing even a single juror is grounds for dismissing the verdict.

WHAT: Hearing to declare a mistrial in the Ed Rosenthal medical marijuana case

WHEN: Tuesday, April 1, 9:00 a.m.

WHERE: U.S. District Court, Northern District of California, Courtroom of Judge Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

WHO: Ed Rosenthal, a leading expert on marijuana, was found guilty of three felonies related to cultivation of medical marijuana. The conviction carries a minimum of five years in federal prison, with a possibility of 80 years imprisonment and several million dollars in fines.

LENO AND PERATA URGE CONGRESS TO SAVE PROPOSITION 215

February 19, 2003 -- Assemblyman Mark Leno (D-San Francisco) will release a letter co-authored by State Senator Don Perata (D-Oakland) and signed by 48 of their colleagues in the State Assembly and State Senate urging the California Congressional Delegation to secure states' rights to regulate and oversee the use and cultivation of medical cannabis, amend the Controlled Substances Act to allow a medical necessity defense, and cut federal departments whose budgets receive allocations to harass, intimidate and prosecute Californians attempting to comply with Proposition 215.

The two Bay Area legislators will also introduce a resolution by Friday to be voted on by the state legislature on the same subject.

What: Release of Medical Cannabis letter to Congress
Where: Federal Court House, 450 Golden Gate Ave. in San Francisco
When: 12:00 noon, Thursday, February 20th
Who: Assemblyman Mark Leno, Ed Rosenthal and Medical Cannabis groups from across the state

These actions are prompted by the federal government¹s persistent refusal to support and respect Proposition 215, as well as the recent conviction of Ed Rosenthal, whose defense as a deputy of the City of Oakland to grow cannabis for distribution to seriously ill patients was not allowed into testimony by the judge hearing the case. After Rosenthal¹s conviction, several members of the jury have spoken out and publicly apologized for their role in the verdict.

Monday, February 3 -- Outraged jurors in the Ed Rosenthal medical marijuana trial will make a statement at a news conference in San Francisco on Tuesday, February 4 at the Federal Courthouse. Jury Foreman Charles Sackett will be joined by fellow jurors in apologizing to Rosenthal for a verdict they say was not just. They will also present a letter asking for a retrial.

After Friday¹s verdict, many jurors expressed shock and outrage after learning that prosecutors blocked Rosenthal¹s side of the story. Jurors said they felt "used"and "railroaded", and that the trial had been a "kangaroo court." Many said that Rosenthal would have been acquitted but for the Judge forbidding Rosenthal and his attorneys to discuss his defense.

Rosenthal was officially deputized by the City of Oakland under California¹s medical marijuana law. Prior to the trial, Judge Breyer ruled in favor of the prosecution¹s demand to ban the discussion of why Rosenthal was growing marijuana.

San Francisco City officials will join in the call for a retrial. They will also call for the Federal Government to back off of its aggressive and deceptive campaign to block California¹s medical marijuana law.

WHAT: Medical marijuana trial jurors demand retrial; City officials demand harmonization between state and federal law.

WHEN: 12:00 noon, Tuesday, February 4

WHERE: U.S. District Court, building entrance, 450 Golden Gate, San Francisco, California

WHO: Charles Sackett, Jury Foreman
Marney Craig, Juror
Pam Klarkowski, Juror
Hon. Terence Hallinan, San Francisco District Attorney
Hon. Matt Gonzales, President, San Francisco Board of Supervisors

Friday, January 31 -- Trial proceedings came to a close Thursday in the Federal prosecution of best-selling author and marijuana expert Ed Rosenthal. The jury will begin deliberations today at 8:30 a.m. and a verdict is expected by the end of the day.

Testifying on Thursday were Alameda County Supervisor Nate Miley and Dan Weaver, a forensic expert. Supervisor Miley, formerly of the Oakland City Council, testified that he worked with Rosenthal on the Prop. 215 Compassionate Use Act. He also told the jury that Rosenthal was completely open with city officials about his marijuana growing activities and that he personally visited Rosenthal¹s nursery. Weaver disputed the government¹s plant count, an issue critical to the two most serious charges Rosenthal faces.

Defense attorneys had planned to put on the stand several other witnesses, including a prominent local physician, a former member of San Francisco District Attorney Hallinan¹s office, and the executive director of a national legal reform organization ­ all of whom would have testified as to Rosenthal¹s character and commitment to civic activities -- but presiding judge Charles Breyer blocked their appearance as irrelevant.

Judge Breyer has ruled that the medical nature of Rosenthal¹s activities cannot be discussed at trial, nor can his relationship with the City of Oakland¹s medical cannabis program. As a result, the defense has been severely limited in the questions they can ask witnesses and the evidence they could present.

If convicted, Rosenthal, 58, faces a minimum of 10 years, with a possibility of life imprisonment under federal mandatory minimums, as well as a possible $6.5 million in fines.

Rosenthal, author of over a dozen books on marijuana and the renowned ³Ask Ed² magazine columnist, was arrested in February 2002 after agents raided an Oakland facility where starter plants were being grown for medical marijuana patients. This prosecution is widely perceived as an attack on California¹s Compassionate Use Act, Prop 215, and Rosenthal is seen as a high-profile target in attempts to eradicate medical marijuana laws.

WHEN: Friday., Jan 31, 8:30 a.m. ­ Jury deliberates; Verdict TBA
Verdict response outside courthouse, TBA

WHERE: U.S. District Court, Northern District of California, Courtroom of Justice Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

WHAT: Pending verdict on the Ed Rosenthal medical marijuana trial

WHO: Ed Rosenthal, 58, is internationally regarded as one of the leading experts on marijuana.

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Defense Opens Today in Ed Rosenthal Medical Marijuana Trial
Alameda County Supervisor to Testify; Verdict likely Friday

Thursday, January 30 -- The defense will present its case today in the federal trial of medical marijuana expert Ed Rosenthal, beginning with their opening argument, which they have reserved from the start of the trial.

Scheduled to testify are Alameda County Supervisor Nate Miley and Dan Weaver, a forensic expert. Supervisor Miley, formerly of the Oakland City Council, will testify that Rosenthal was completely open with city officials about his marijuana growing activities. Weaver will dispute the government¹s plant count, an issue critical to the two most serious charges Rosenthal faces.

Defense attorneys had planned to put on the stand several other witnesses, including a prominent local physician, a former member of San Francisco District Attorney Hallinan¹s office, and the executive director of a national legal reform organization ­- all of whom would have testified as to Rosenthal's character and commitment to civic activities -- but presiding judge Charles Breyer blocked their appearance as irrelevant.

Judge Breyer has ruled that the medical nature of Rosenthal¹s activities cannot be discussed at trial, nor can his relationship with the City of Oakland¹s medical cannabis program. As a result, the defense has been severely limited in the questions they can ask witnesses and the evidence they can present.

Closing arguments from the defense and prosecution are also expected Thursday, as is final jury instructions. A verdict is expected as early as Friday.

If convicted, Rosenthal, 58, faces a minimum of 10 years, with a possibility of life imprisonment under federal mandatory minimums, as well as a possible $6.5 million in fines.

Rosenthal, author of over a dozen books on marijuana and the renowned "Ask Ed" magazine columnist, was arrested in February 2002 after agents raided an Oakland facility where starter plants were being grown for medical marijuana patients. This prosecution is widely perceived as an attack on California¹s Compassionate Use Act, Prop 215, and Rosenthal is seen as a high-profile target in attempts to eradicate medical marijuana laws.

WHEN: Thurs., Jan 30th 9:00 a.m. ­ Defense opens with City official testimony
Trial Press Briefing: 1:45 pm, or following adjournment, courthouse entrance.

WHERE: U.S. District Court, Northern District of California, Courtroom of Justice Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

WHAT: Defense opening argument; Alameda Supervisor Nate Miley testifies for the defense.

WHO: Ed Rosenthal, 58, is internationally regarded as one of the leading experts on marijuana.

Criticism Builds in Feds' Prosecution of Medical Marijuana Authority
Defense opens Thurs. in Rosenthal trial; Verdict as early as Thursday

Tuesday, January 28, 2003 -- The trial of one of the nation's most visible authorities on medical marijuana is drawing public fire. At issue the federal government's strategy to dismantle state and local laws ensuring safe and legal access of medical marijuana for critically ill patients.

"As today's San Francisco Chronicle editorial shows, there is growing criticism of the Federal Government's selective prosecution of people who are helping patients in a controlled and responsible way," said the defendant, Ed Rosenthal, a best-selling author and medical marijuana authority. The editorial, at www.sfgate.com, states that individuals like Rosenthal are "the wrong target for the 'war on drugs'."

Defending attorneys are prepared to open their arguments on Thursday, Jan. 30th.

An outspoken advocate for the humane use of medical marijuana for critically and terminally ill patients, Ed Rosenthal, 58, a lifelong botanist and father of two, could face life in jail for attempting to aid patients in obtaining safer, more reliable, medicinal marijuana.

If convicted, Rosenthal, 58, faces a minimum of 10 years, with a possibility of life imprisonment under federal mandatory minimums, as well as $6.5 million in fines.

Rosenthal, author of over a dozen books on marijuana and the renowned "Ask Ed" magazine columnist, was arrested in February 2002 after agents raided an Oakland facility where starter plants were being grown for medical marijuana patients. Rosenthal's research and work on behalf of sick and dying patients followed passage of Prop. 215 in 1996. The federal government has mounted an attack on this initiative, and Rosenthal is seen as a high-profile target in attempts to eradicate state and local medical marijuana laws.

Judge Denies Gag Order in Rosenthal Medical Marijuana Trial
Trial Resumes Wed., Jan 29th

Thurs., Jan 24th -- Today U.S. District Judge Charles Breyer refused to issue the gag order federal prosecutors had sought in the medical marijuana trial of cultivation expert and author Ed Rosenthal, saying the media was focusing on a "legitimate public controversy."

A wave of national media coverage this week on the federal government's attempt to imprison Ed Rosenthal and stop California's humane efforts to aid the seriously ill through safe and legal distribution of medical marijuana, as mandated by the state's voters in 1996, sent prosecutors scurrying to the judge's bench with a request to block all press interviews with Mr. Rosenthal and his attorneys.

The government's action triggered responses from First Amendment experts, concerned about Rosenthal's right to a fair defense and trial, and the media's right to gather news.

"This is a victory for the public. It says that the Government can't muzzle the public debate on medical marijuana," said Jim Wheaton, senior counsel to the Oakland-based First Amendment Project and a Stanford Law instructor on media law. Wheaton appeared in court today on behalf of Rosenthal and his legal team.

Judge Breyer, who has never issued a gag order in his career as a federal judge, said in denying the prosecution's requested order that the media coverage is part of a larger public debate on medical marijuana and that courtroom proceedings are a matter of public interest.

National media coverage began this week, the day the trial opened. Jurors had already been instructed the previous week by the judge to avoid newspaper, TV and radio coverage, as well as refrain from having conversations with friends and family about the trial. Judge Breyer concluded today's court proceedings with what has become a daily repetition of those instructions to departing jurors.

Trial proceedings have recessed for the week and will resume on Wednesday, Jan. 29. There will be no court on Monday and Tuesday, Jan. 27-28.

Judge Weighs Gag Order on Rosenthal, Defense Attorneys in Medical Marijuana Trial
Fight Draws First Amendment Authorities to Courtroom Today

Wednesday, Jan. 22 -- A wave of national media coverage this week on the trial of Ed Rosenthal and California's humane efforts to aid the critically ill through safe and legal distribution of medical marijuana has sent prosecutors scurrying to the judge's bench to try and force a gag order on Rosenthal and members of his defense team.

The motion has triggered action among First Amendment experts. At issue are Rosenthal's right to a fair defense and trial, and the media's right to gather news.

"A gag order is unnecessary, unworkable and unconstitutional," said Jim Wheaton, senior counsel to the Oakland-based First Amendment Project and a Stanford Law instructor on media law. Wheaton will represent Rosenthal and his legal team on Thursday morning to argue against the gag.

National media coverage began this week, the day the trial opened. Jurors had already been instructed the previous week by the judge to refrain from newspaper, TV and radio coverage, as well as from having conversations with friends and family on the subject.

Also joining in opposition will be an attorney representing the San Francisco Chronicle, Rachel Boehm of Steinhart and Falconer, who will ask to argue on behalf of the Chronicle to explain to the public the progress of the trial, and to gather news by interviewing trial participants.

WHEN: 8:00 am, Thursday, January 23, 2003

WHERE: U.S. District Court, Northern District of California, Courtroom of Justice Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

WHAT: Federal prosecutors' motion for a gag order on the public defense of medical marijuana authority Ed Rosenthal.

WHO: Jim Wheaton, Stanford Law instructor and Senior Counsel, First Amendment Project

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Medical Marijuana Expert Faces Life in Prison
Federal Trial Attacks California Law Helping Critically Ill

Tuesday, January 21 -- California Government's humane efforts to aid the critically ill through the safe and legal distribution of medical marijuana are on trial as federal authorities prosecute one of the nation's most visible authorities.

An outspoken advocate for the humane use of medical marijuana for critically and terminally ill patients, Ed Rosenthal, 58, a botanist and father, could face life in jail for attempting to soothe patients with safer, more reliable, medicinal strength marijuana.

The trial, which begins Tuesday, January 21st in the U.S. District Court, is part of the federal government 's strategy to dismantle state and local laws that bring medical marijuana for critically ill patients out of the shadows.

If convicted, Rosenthal, 58, faces a minimum of 10 years, with a possibility of life imprisonment under federal mandatory minimums.

Jury selection proved to be difficult. Last Wednesday, in what one of the defense attorneys called "the most remarkable day of jury selection" he had ever witnessed, more than half of the potential jurors were excused by Judge Breyer because they expressed strong support for medical marijuana and the need to reform federal law criminalizing marijuana.

This Wednesday, the defense has Department of Drug Enforcement Administration (DEA) official Mike Heald under subpoena to testify, outside the presence of the jury, on the issue of whether the DEA's policy was to attempt to harmonize federal law with state law.

Rosenthal, best-selling author of over a dozen books on marijuana, was arrested in February 2002 for marijuana growing and possession after agents raided an Oakland facility where starter plants were being cultivated for use by medical marijuana patients. Rosenthal's research and work on behalf of sick and dying patients followed passage of Prop. 215 in 1996. The federal government has mounted an attack on this initiative, and Rosenthal is seen as a high-profile target in attempts to eradicate the medical marijuana movement.

WHEN: Opening Arguments: 8:30 am, Tuesday, January 21, 2003
Press Briefing: 1:45 pm, following adjournment

WHERE: U.S. District Court, Northern District of California, Courtroom of Justice Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

WHAT: Opening arguments in the trial of medical marijuana expert Ed Rosenthal

WHO: Ed Rosenthal, 58, is internationally regarded as one of the leading experts on marijuana and marijuana cultivation. The charges against him could land him in jail for 10 years to life.

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"Remarkable Day" in Jury Selection for Marijuana Expert Trial
Judge Hears Overwhelming Support from Jury Pool
for Medical Marijuana

Tuesday, January 14, 2003 - SAN FRANCISCO, CA … In what one of the defense attorneys called "the most remarkable day of jury selection" he had ever witnessed, more than half of the 52 potential jurors called for the trial of best-selling marijuana author and activist Ed Rosenthal were excused and sent home by presiding Federal District Court Judge Charles Breyer after telling the judge of their strong support for medical marijuana and the need to reform federal law criminalizing marijuana.

Judge Breyer asked potential jurors if they had strong feelings on the legalization of marijuana, the legality of medical marijuana, or the conflict between federal law and California's voter initiative, Proposition 215, which legalized the medical use of marijuana.

Members of the jury pool told anecdotes about how they or someone they knew used or had recommended to them medical marijuana, gave voice to passionate feelings about the need to legalize marijuana for all use, or expressed deep distaste for federal interference in California's laws.

"Could you follow the law? The law will be in this case that it is illegal to cultivate marijuana," said Judge Breyer.

The majority of those asked found it difficult to apply federal law overriding state law. Some expressed federal laws to be unjust.

"Federal laws need to be changed to accommodate the need of patients to use marijuana medicinally," said one who was sent home by the judge.

A potential juror, a physician who acknowledged being a personal friend of Breyer's, said he would be able to be impartial, but stated that he is a proponent of medical marijuana and currently recommends it to some of his patients. He was dismissed by Judge Breyer.

Earlier this week, Judge Breyer ruled in favor of the prosecution's motion to exclude all discussion of medical issues, the City of Oakland's marijuana ordinances, and California's Compassionate Use Act legalizing medical marijuana (Prop 215). A key component of Rosenthal's defense is that he was immunized from federal prosecution by City Officials under the California Compassionate Use initiative.

"With 80% of Americans supporting medical marijuana, it's no surprise that there would be such a day in court," said Steph Sherer, Executive Director for Americans for Safe Access. "This simply reflects that people have made up their minds about medical marijuana. That passion and certainty was felt today in the courtroom."

At the end of the day, Judge Breyer called for another pool of 25 to be presented tomorrow morning and anticipated completion of selection by tomorrow.

No Talk of "Medical" to be Allowed in Federal Medical Marijuana Trial of Ed Rosenthal
Judge Grants Prosecution Motion to Exclude State Law, City Programs, Federal Immunity Statute

Monday, January 13, 2003 - Despite passionate pleas from defense attorney Robert Eye for consideration of the context of marijuana activist and author Ed Rosenthal’s involvement in carrying out the City of Oakland’s program for supplying medicinal marijuana, Federal Judge Charles Breyer ruled in favor of the prosecution’s motion to exclude all discussion of medical issues, the City of Oakland’s marijuana ordinance, California’s Compassionate Use Act legalizing medical marijuana (Prop 215), and the like.

Defense attorneys had hoped to present the jury with a picture of Rosenthal’s participation in the city program Oakland had implemented to enact Prop 215, including testimony from the Oakland City Attorney’s office concerning the legal opinion given to the City Council that federal statute provided immunity from federal prosecution for city officials participating in their medical marijuana program, how the city had expressly provided for deputizing Rosenthal and others as officers of the city so as to shield them from prosecution, and how Rosenthal’s actions were not just sanctioned and supervised by city officials intent on enforcing the law passed by California’s voters but that Council member Nate Miley, now an Alameda County Supervisor, had visited Rosenthal’s facility and blessed it.

But without direct evidence of a federal official actively doing or saying something to convey that immunity, the judge said he would not allow any such evidence -- though he said that he might allow Rosenthal to testify before the jury as to his state of mind and the basis for his decisions, granting that it was reasonable for Rosenthal to have relied on the statements of city and state officials in forming his belief that he would not be prosecuted for helping medical marijuana patients become self-sufficient.

As another of Rosenthal’s attorneys, Bill Simpich, put it, this shut the door on the defense strategy without quite locking it. Simpich insists that the defense will be able to produce the missing key evidence showing direct federal action acknowledging the statutory immunity under 885d of the Controlled Substances Act that informed both the city of Oakland’s approach to distributing medical marijuana and Rosenthal’s decision to participate.

Judge Breyer also outlined the approach he intends to take in selecting a jury, to the detriment of the defense. Anyone with strong feelings about the legalization of marijuana, the legality of medical marijuana, or the appropriateness of California voters deciding issues on regulating for their own health and welfare will be excused from the jury, unless than can promise to put aside those feelings and follow the judge’s instructions on federal law and how they are to apply it.

With public opinion even more strongly in support of legal use of medical marijuana than at the time of 215’s passage in 1996, it’s no wonder that the judge would schedule four days for finding 14 northern California jurors willing to set aside their own beliefs and the law of their state in favor of imprisoning for a mandatory minimum of ten years someone daring to assist the sick and dying in growing a medicinal herb.

Jury selection begins at 8:30 a.m., Tuesday, January 14, in U.S. District Court, with trial commencing on Tuesday, January 21, 2003.

Final Defense Motions Denied; Jury Selection Moved Up Further
Judge Refuses to Dismiss Charges Against Rosenthal; Difficulty of Finding a Jury Willing to Convict Advances Trial Calendar Yet Again

Thursday, January 9, 2003 - Fear of jury nullification and public opinion polls showing that 80% of Americans think medical marijuana should be legally available were the reasons Judge Charles Breyer gave for moving up the jury selection process yet again in the federal trial of activist and author Ed Rosenthal. Only one day after rescheduling jury selection in the case to next Thursday, the judge moved it up even further, to Tuesday January 14th, saying he was concerned about being able to seat a jury that "passes Constitutional muster" in being able to "render both sides a fair trial," because such a large percentage of people may view the prosecution of Rosenthal as unfair. A discussion of how that jury is to be selected is now scheduled for Monday at 3:00 p.m. in Judge Breyer's courtroom, with selection to begin the next day at 8:30 a.m.

This scheduling change followed Judge Breyer's ruling denying the remaining defense motion to dismiss the charges based on immunity or entrapment. Defense attorneys argued that because Rosenthal had been deputized by the City of Oakland to provide medical marijuana and believed himself to have been immune to federal prosecution, the federal government's case was a form of entrapment. Several Oakland officials testified today in support of that argument.

The court heard from Barbara Parker, the Assistant City Attorney for the city of Oakland, who said that the city's intent in passing its medical marijuana ordinance had been to make individuals participating in their program immune to prosecution.

Similar testimony was offered by Nate Miley, a former Oakland City Council member now serving on the Alameda County Board of Supervisors, who had participated in needle exchange programs, enacted the medical marijuana ordinance, and (as Rosenthal testified) visited the cultivation facility with his aide and "literally blessed it."

Miley and Parker both stated that despite extensive media publicity about their attempts to provide a legal haven for the distribution of medical marijuana, as directed by California's Compassionate Use Act, Proposition 215, they were never contacted by any federal official advising them that they were violating federal law, or encouraging others to violate federal law , and that prosecutions could result.

They were joined on the stand by Lt. Richard Hart, the head of Oakland Police Department's Narcotics Division, who testified that while he worked closely with the DEA under a memo of understanding and supervised cooperative efforts between their agents and his officers, he was also participating in the meetings of the Working Group assigned to implement Prop. 215. He was never told by federal officials that there was or would be any problems with the program he was helping develop to ensure safe, affordable access to medical marijuana for patients who needed it.

Rosenthal's trial on federal charges stemming from his participation in that program is scheduled to begin Tuesday, January 21, in U.S. District Court.

COMING UP:
Monday, January 13, 2003 -- determination of jury selection process.
Tuesday, January 14, 2003 -- Jury selection begins.
Tuesday, January 21, 2003 -- Trial commences

WHERE: U.S. District Court, Northern District of California, Courtroom of Justice Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

Federal Judge Rejects Dismissal in Medical Marijuana Expert's Case
Oakland City Attorney To Testify Thurs., Jan. 9, Jury Selection Set for Thurs., Jan. 16

WHAT: Federal District Court justice Charles Breyer, presiding over the case against renowned marijuana expert Ed Rosenthal, has rejected motions to dismiss charges against Rosenthal and set Jan.16 to begin selecting a jury for trial, scheduled to commence Jan. 21.

IN FURTHER BREAKING NEWS, Breyer will hear testimony Thursday, Jan. 9, from Oakland Asst. City Attorney Barbara Parker on assurances Rosenthal was given regarding immunity from federal prosecution, and encouragement to continue his work to provide patients medicinal cannabis free from federal intervention and harassment. Despite this understanding, Rosenthal was subsequently arrested by the U.S. DEA.

Rosenthal, author of over a dozen books on marijuana, was arrested in February 2002 for marijuana growing and possession after agents raided an Oakland facility where starter plants were being cultivated for use by medical marijuana patients. Rosenthal’s research and work on behalf of sick and dying patients followed the 1996 passage of Proposition 215, California’s pioneering medical marijuana initiative. Prop. 215 allows patients to grow and possess marijuana. The federal government has mounted an attack on this initiative, and Rosenthal is seen as a high-profile target in their attempts to eradicate the medical marijuana movement.

WHEN: 1:30pm, Thursday, January 9, 2003

WHERE: U.S. District Court, Northern District of California, Courtroom of Justice Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

WHO: Ed Rosenthal, 58, is internationally regarded as one of the leading experts on marijuana and marijuana cultivation. The charges against him could land him in jail for 20 years. Knowledgeable activists in the medical marijuana movement regard Rosenthal’s prosecution as an attempt by the federal government to silence an outspoken and brilliant advocate for the compassionate use of marijuana. They recognize that if the federal government prevails in its attack on Rosenthal, it will have a chilling effect on the Compassionate Use movement.

Jury Selection to Begin Jan. 16th in Federal Medical Marijuana Case
Judge Denies Motions Challenging the Charges Against Marijuana Expert/Author Ed Rosenthal

January 8, 2003 - Marijuana cultivation expert and author Ed Rosenthal moved one step closer to trial today, when Judge Charles Breyer denied his attorneys' motions seeking to invalidate the search warrant that led to his February 2002 arrest. Rosenthal's attorneys presented several arguments challenging the legitimacy of the government's actions, all but one of which were dispensed with by the judge. The last motion to be considered concerns Rosenthal's assertion that he was entrapped, because the federal government had an understanding with local officials that individuals providing cannabis for medical patients at authorized clinics would not be subject to federal prosecution. An attorney for the city of Oakland will be among those testifying on Rosenthal's behalf Thursday, January 8th at 1:30 p.m.

In an apparent effort to accelerate the trial process, Judge Breyer moved up jury selection to next Thursday, January 16, after expressing incredulity at the prosecution's estimate that it would take two full days to seat a jury -- a length of time that may indicate the government's awareness of the difficulty they face in finding a jury willing to imprison those who help the sick and dying help themselves. The court calendar change clears the way for the trial to begin in earnest on Tuesday, January 21, following a recess for the Martin Luther King holiday. The irony of scheduling the trial of a contemporary civil rights leader around the holiday honoring America's greatest appeared lost on the court.

First Court Date in Federal Medical Marijuana Case
Marijuana Expert/Author Ed Rosenthal Fights Federal Charges Today

January 6, 2003 - Lawyers for renowned medical marijuana cultivation expert and advocate Ed Rosenthal will present arguments in federal court today that the warrant which led to his arrest in February, 2002 on cultivation and conspiracy charges is legally flawed and should be stricken, thereby clearing the way for charges against Rosenthal to be dropped. Their motion to strike the search warrant challenges the veracity of the informants used by the Drug Enforcement Agency (DEA) and statements by the arresting federal agent that are integral to the DEA case.

Additionally, Rosenthal and counsel will show that his research and expertise were focused on developing systems to deliver safe, healing marijuana to sick and dying patients based on the will of the voters of California, who in 1996 passed Prop. 215, the state's pioneering Medical Marijuana Compassionate Use initiative. Rosenthal, author of more than a dozen books on marijuana, worked cooperatively with state and local authorities to implement operations and guidelines for law enforcement and marijuana providers to make medical marijuana available to patients. In the past year, the U.S. Department of Justice has escalated its attack on California's Prop. 215 and the publicly-supported medical marijuana movement across the country, arresting, harassing and intimidating growers, providers and patients.

"Ed Rosenthal is an absolutely essential visionary and hero to the compassionate use movement," said Steph Sherer, Executive Director of Americans for Safe Access. "Because of Ed's work, thousands of ill people can have the medicine they need, and the misguided federal drug warriors truly fear his expertise, outspokenness and courage."

Among California and national medical marijuana advocates there exists the recognition that Rosenthal's case is very important to conservatives opposed to marijuana's medicinal use. His expertise in the cultivation of marijuana, his research into various strains and their medicinal properties, and his collaboration with officials in Oakland, San Francisco and Sacramento to develop systems to institutionalize medical marijuana can further legitimize marijuana as medicine and reduce support for the Drug War. Both statewide and national polls have already shown 80% support for the medicinal use of marijuana.

Rosenthal's case will be heard by Hon. Charles Breyer, U.S. District Court, 450 Golden Gate, San Francisco, at 2:30pm, Monday, January 6, and will be preceded by a rally of support outside the courtroom at 1:30.

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Marijuana Expert Ed Rosenthal Fights Federal Pot Charges
Lawyers to File Motions to Dismiss Case in Federal Court Jan. 6th

WHAT: Lawyers for renowned author and marijuana cultivation expert Ed Rosenthal will present arguments to dismiss federal charges against him beginning on Monday, January 6. Rosenthal, author of over a dozen books on marijuana, was arrested in February 2002 for marijuana growing and possession after agents raided an Oakland facility where starter plants were being cultivated for use by medical marijuana patients. Rosenthal's research and work on behalf of sick and dying patients followed the 1996 passage of Proposition 215, California's pioneering medical marijuana initiative. Prop. 215 allows patients to grow and possess marijuana. The federal government has mounted an attack on this initiative, and Rosenthal is seen as a high-profile target in their attempts to eradicate the medical marijuana movement.

WHEN: 2:30pm Monday, January 6, 2003
Wednesday, January 8, 2003

WHERE: U.S. District Court, Northern District of California, Courtroom of Justice Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco, California

WHO: Ed Rosenthal, 58, is internationally regarded as one of the leading experts on marijuana and marijuana cultivation. The charges against him could land him in jail for 20 years. Knowledgeable activists in the medical marijuana movement regard Rosenthal's prosecution as an attempt by the federal government to silence an outspoken and brilliant advocate for the compassionate use of marijuana. They recognize that if the federal government prevails in its attack on Rosenthal, it will have a chilling effect on the Compassionate Use movement.