from yesterday's news:
SAN FRANCISCO - A federal appeals court Wednesday overturned the pot-growing conviction of the self-proclaimed "Guru of Ganja," a marijuana advocate who has written books on how to grow pot and avoid getting caught.
The court cited jury misconduct in overturning Ed Rosenthal's conviction, but it otherwise upheld federal powers to charge marijuana growers.
Rosenthal was convicted in 2003 for cultivating hundreds of marijuana plants for a city of Oakland medical marijuana program. U.S. District Judge Charles Breyer sentenced him to one day in prison, saying Rosenthal reasonably believed he was immune from prosecution because he was acting on behalf of city officials.
The government sought a two-year prison term and appealed. Rosenthal cross-appealed.
The case drew national attention, in part, because of Rosenthal's status as a leading author and proponent of marijuana. It also underscored the federal government's position that medical marijuana is illegal, it has no medical value, and the will of California voters has no affect on federal drug laws.
A three-judge panel of the San Francisco-based appeals court, in overturning the verdict, said a juror had had inappropriate communication with an attorney.
"Juror A" had asked a friend who is an attorney whether she had to follow the law or could vote her conscience because she suspected Rosenthal was growing marijuana for medicinal uses. The attorney told her she must follow the judge's instructions to follow federal law or she would get in "trouble."
"We hold that here the communication was an improper influence upon Juror A's decision to acquit or convict," the appeals court wrote.
The court rejected Rosenthal's argument that he should have been allowed to tell jurors he was growing marijuana for the city for medicinal uses.
While the case was on appeal, and despite Rosenthal's claims, the Supreme Court ruled again that the federal government can prosecute medical marijuana growers and users despite California's medical marijuana law.
Rosenthal once wrote the "Ask Ed" column for High Times magazine and has written books with titles including "The Big Book of Buds" and "Ask Ed: Marijuana Law. Don't Get Busted."
Reached by phone Wednesday, he declined immediate comment on the ruling, saying he had not yet read the decision.
U.S. attorney's spokesman Luke Macaulay said the office was considering whether to appeal or going ahead with a new trial.
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I'm not Ed but jeez I like/admire him.
If the gov't attempts to re-try Ed they may be in for an unpleasent surprize.
In many locales (Los Angeles for example) the D.A. no longer tries "personal use" cultivation because jurors are loathe to convict a guy who has some plants in his closet or backyard.
Btw, this is how the battle for mj decrim is happening. Fewer and fewer people view marijuana smoking/possession/cultivation a reason to support someone in prison.
My personal views is to keep the gov't OUT of pot growing/selling. There should be no more restrictions on the growing/selling of pot than there is regarding homegrown tomato's.
I'd have no problem with requiring a business license or even sales tax.
There should be a limit though on how much an individual can grow/sell (to keep multi-national mega-corps like archer/daniels/midland and monsanto out of the pot trade). 50 plants max. is a good number. That'll give you enough to supply yourself and a few others.
The ONLY danger connected with marijuana is the fact that it's illegal.
Decrim it down to the level of selling eggs and you'll take a HUGE bite out of organized crime.
So be a good American. Grow your own and screw organized crime (which includes our gov't).
SAN FRANCISCO - A federal appeals court Wednesday overturned the pot-growing conviction of the self-proclaimed "Guru of Ganja," a marijuana advocate who has written books on how to grow pot and avoid getting caught.
The court cited jury misconduct in overturning Ed Rosenthal's conviction, but it otherwise upheld federal powers to charge marijuana growers.
Rosenthal was convicted in 2003 for cultivating hundreds of marijuana plants for a city of Oakland medical marijuana program. U.S. District Judge Charles Breyer sentenced him to one day in prison, saying Rosenthal reasonably believed he was immune from prosecution because he was acting on behalf of city officials.
The government sought a two-year prison term and appealed. Rosenthal cross-appealed.
The case drew national attention, in part, because of Rosenthal's status as a leading author and proponent of marijuana. It also underscored the federal government's position that medical marijuana is illegal, it has no medical value, and the will of California voters has no affect on federal drug laws.
A three-judge panel of the San Francisco-based appeals court, in overturning the verdict, said a juror had had inappropriate communication with an attorney.
"Juror A" had asked a friend who is an attorney whether she had to follow the law or could vote her conscience because she suspected Rosenthal was growing marijuana for medicinal uses. The attorney told her she must follow the judge's instructions to follow federal law or she would get in "trouble."
"We hold that here the communication was an improper influence upon Juror A's decision to acquit or convict," the appeals court wrote.
The court rejected Rosenthal's argument that he should have been allowed to tell jurors he was growing marijuana for the city for medicinal uses.
While the case was on appeal, and despite Rosenthal's claims, the Supreme Court ruled again that the federal government can prosecute medical marijuana growers and users despite California's medical marijuana law.
Rosenthal once wrote the "Ask Ed" column for High Times magazine and has written books with titles including "The Big Book of Buds" and "Ask Ed: Marijuana Law. Don't Get Busted."
Reached by phone Wednesday, he declined immediate comment on the ruling, saying he had not yet read the decision.
U.S. attorney's spokesman Luke Macaulay said the office was considering whether to appeal or going ahead with a new trial.
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I'm not Ed but jeez I like/admire him.
If the gov't attempts to re-try Ed they may be in for an unpleasent surprize.
In many locales (Los Angeles for example) the D.A. no longer tries "personal use" cultivation because jurors are loathe to convict a guy who has some plants in his closet or backyard.
Btw, this is how the battle for mj decrim is happening. Fewer and fewer people view marijuana smoking/possession/cultivation a reason to support someone in prison.
My personal views is to keep the gov't OUT of pot growing/selling. There should be no more restrictions on the growing/selling of pot than there is regarding homegrown tomato's.
I'd have no problem with requiring a business license or even sales tax.
There should be a limit though on how much an individual can grow/sell (to keep multi-national mega-corps like archer/daniels/midland and monsanto out of the pot trade). 50 plants max. is a good number. That'll give you enough to supply yourself and a few others.
The ONLY danger connected with marijuana is the fact that it's illegal.
Decrim it down to the level of selling eggs and you'll take a HUGE bite out of organized crime.
So be a good American. Grow your own and screw organized crime (which includes our gov't).
