June 05, 2003
California marijuana grower sentenced to one day.
The
NY Times reports on the end of the trial of a man proscecuted for growing marijuana for medical purposes for the city of Oakland.
A convicted marijuana grower was sentenced to one day in prison and fined $1,000 by a federal judge today, the most lenient sentence allowed under law.
The defendant, Ed Rosenthal, had faced a possible sentence of 100 years in prison and a potential fine of $4.5 million for his conviction in January on felony charges of marijuana cultivation and conspiracy.
"We are all delighted with what we view as as fair and just a sentence that could be imposed under the circumstances of Ed having suffered a conviction," one of Mr. Rosenthal's lawyers, Dennis P. Riordan, said.
Federal authorities arrested Mr. Rosenthal last year for growing marijuana to be sold for medicinal uses under the auspices of the City of Oakland's medicinal marijuana ordinance.
Though the Oakland ordinance is permitted under a 1996 California state proposition, there is no provision for growing marijuana under federal drug laws.
The judge, Charles R. Breyer of Federal District Court, had not allowed Mr. Rosenthal to raise medicinal marijuana as a defense, leading some jurors to later complain that they had been misled by the court. After convicting Mr. Rosenthal, several jurors requested a new trial, and when that failed, wrote to Judge Breyer urging leniency.
At a hearing today, Judge Breyer said it was reasonable to conclude that Mr. Rosenthal had believed he was acting legally. By making that determination, the judge was able to skirt some minimum sentence requirements, which could have put Mr. Rosenthal in prison for at least five years, his lawyers said.
Many issues in this case. Particularly what happens when a state passes a law that contradicts a federal law. Two-thirds of California's voters approved the use and growing of medical marijuana a few years ago, but the federal government has decided that they don't have the right to run their own lives.