Pot Advocate Convicted on Three Charges

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Pot Advocate Convicted on Three Charges
Posted by CN Staff on May 30, 2007 at 14:32:39 PT
By Bob Egelko, Chronicle Staff Writer
Source: San Francisco Chronicle

medical San Francisco, CA -- -- Marijuana advocate Ed Rosenthal was convicted for a second time today of violating federal drug laws by growing pot plants for medical patients, but he faces no punishment for the felony convictions, apart from the one day in jail that he has already served.

Rosenthal, 62, of Oakland, a well-known authority on cannabis cultivation, former columnist for High Times magazine and author of a recent book calling for legalization of marijuana, was convicted by a federal jury in San Francisco of three charges of illegal cultivation and conspiracy after a day of deliberations. He was acquitted of a fourth charge, and the jury deadlocked on a fifth charge.

A separate jury had convicted Rosenthal of similar charges in 2003, but the verdict was overturned by an appeals court because of misconduct by a juror who called a lawyer for advice during deliberations. The charges normally carry a sentence of at least five years in prison, but U.S. District Judge Charles Breyer imposed only a one-day sentence, saying Rosenthal had believed he was acting legally because Oakland had designated him as its agent in the city's medical marijuana program.

Federal prosecutors tried to add charges of money-laundering and tax evasion for the retrial, but Breyer refused, saying the government was retaliating for Rosenthal's criticism of the case and his successful appeal. Prosecutors proceeded with the second trial, rejecting the judge's suggestion that they drop the case, but conceded that they could not seek additional punishment for Rosenthal.

Rosenthal was arrested in February 2002 after federal agents seized more than 3,700 marijuana plants at an Oakland warehouse. He was charged with growing marijuana for distribution by a number of medical marijuana dispensaries in the Bay Area.

Snipped:

Complete Article: http://tinyurl.com/29dyoh

Source: San Francisco Chronicle (CA)
Author: Bob Egelko, Chronicle Staff Writer
Published: Wednesday, May 30, 2007
Copyright: 2007 Hearst Communications Inc.
Contact: [email protected]
Website: http://www.sfgate.com/chronicle/

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http://cannabisnews.com/news/thread23013.shtml

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