DAVID KRAVETS, AP Legal Affairs Writer Friday, January 31, 2003 ©2003 Associated Press

URL: http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2003/01/31/state1812EST0139.DTL

(01-31) 17:15 PST (AP) --

AP file photo FX103, FX108-FX110

SAN FRANCISCO (AP) -- An author of how-to books on growing marijuana and avoiding the law was convicted Friday of marijuana cultivation and conspiracy charges.

The jury concluded that Ed Rosenthal, the self-described "Guru of Ganja," was growing more than 100 plants, conspiring to cultivate marijuana and maintaining a warehouse for a growing operation. He will be sentenced June 4 and faces a maximum of 85 years in prison.

Several people in the courtroom, including Rosenthal's wife, Jane, and daughter, Justine, wept as a court clerk read the verdicts, which will probably put Rosenthal in prison for the rest of his life.

The conviction was a victory in the federal government's battle against California's 1996 voter-approved medical marijuana law. Rosenthal's arrest last year was among a string of Drug Enforcement Administration raids on medical marijuana suppliers in California following a U.S. Supreme Court decision against medical marijuana.

Under strict orders from U.S. District Judge Charles Breyer, Rosenthal was never able to tell the jury he was growing marijuana as "an officer" for the city of Oakland's medical marijuana program.

Oakland's program and others throughout California were authorized under Proposition 215. Eight other states also allow the sick and dying to smoke or grow marijuana with a doctor's recommendation.

But federal authorities do not recognize those laws.

"There is no such thing as medical marijuana," said Richard Meyer, a DEA spokesman. "We're Americans first, Californians second."

Outside the courtroom, jury foreman Charles Sackett III said jurors suspected Rosenthal, 58, was growing medical marijuana, since a host of protesters outside the courthouse held constant demonstrations.

Sackett, however, said the jury was following federal law when it reached its "tough decision."

"We had no legal wiggle room," said Sackett, who added that he hopes the verdicts are overturned on appeal.

About two dozen protesters screamed and cried outside the courthouse after the verdict.

The government essentially portrayed Rosenthal as a major drug supplier. Because federal laws trump state laws, Breyer ruled that Rosenthal could not defend himself under the color of California's Proposition 215. Marijuana, under federal rules, has no recognized medical benefit.

"He was not trying to grow drugs for illicit purposes," said Nathan Miley, a former Oakland City councilman. "I think this does a disservice not just to Ed, but to those needing medical marijuana."

Rosenthal, who remains free on bail, was outraged with the verdicts.

"This was not a trial. It was called a kangaroo trial," Rosenthal said as supporters chanted: "We love you Ed."

Rosenthal added that the jury "had lies, the half truth of distortion."

At one point during the trial, he told reporters that Breyer, brother of Supreme Court Justice Stephen Breyer, should have stepped down.

In one of his books, "Don't get Busted," Rosenthal advises marijuana users and growers on how to avoid the law. He tells readers to take his advice seriously.

"You're not paranoid -- they're really after you," he writes. "Although marijuana is widely accepted in society, it is not by the government, its police attack dogs, the courts and politicians."

A founder of the National Organization for the Reform of Marijuana Laws, Rosenthal used to write the "Ask Ed" column for "High Times" magazine, and has researched and written nearly 20 books on marijuana. Millions of copies have been sold, with titles such as "The Growers Handbook," "The Big Book of Buds," and "Ask Ed: Marijuana Law."

Throughout the trial, Rosenthal's lawyers repeatedly tried to get medical marijuana mentioned. During closing remarks to the jury, defense attorney Robert Eye told jurors: "We don't ask you to check your common sense of justice when you enter the courtroom."

Rosenthal's lawyers were twice rebuffed by the 9th U.S. Circuit Court of Appeals in their bid to have the appeals court force Breyer to allow them to call witnesses that would have testified that Rosenthal's marijuana was being grown for the sick and dying.

"No motions for reconsideration, rehearing, clarification ... or any other submissions shall be filed or entertained," the San Francisco-based appeals court wrote.

Defense attorney William Simpich, who said he would appeal the conviction, told reporters that he declined to put Rosenthal on the stand because "He couldn't talk about anything. There was no point in Mr. Rosenthal taking the stand."

One medical marijuana user and Rosenthal supporter, Robin Feh, who said she has hepatitis C, said she was disappointed with the jury.

"They were so intimidated by the federal government they couldn't stand up and say, 'not guilty,"' she said.

Editors: David Kravets has been covering state and federal courts for a decade.

2003 Associated Press

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