San Francisco, CA: A three-judge panel of the Ninth US Circuit Court of Appeals ruled yesterday to overturn three felony marijuana cultivation convictions for noted author and cannabis advocate Ed Rosenthal. Rosenthal was convicted in federal court in 2003 for growing cannabis for local medical dispensaries, but was sentenced to only one day in prison because Judge Charles Breyer determined that the defendant did not believe he was violating federal law. Rosenthal had been deputized by the City of Oakland to provide medicinal cannabis to state qualified patients.
The Ninth Circuit ruled 3-0 that Rosenthal should be granted a new trial because a juror contacted outside legal counsel during deliberations. Jurors were instructed to uphold federal law – not state law – in the case, and were not allowed to consider evidence that the marijuana grown by Rosenthal was for medicinal purposes. Although jurors found Rosenthal guilty, they later denounced their verdict, saying that they were deceived by government prosecutors as to the true nature of Rosenthal’s actions.
The US Attorney’s office has not commented on whether they will appeal the Ninth Circuit’s ruling or retry Rosenthal.
The appeals court indicated that if Rosenthal is retried and again found guilty, they would likely let the one-day sentence stand, noting that they “would not be inclined to disturb the court’s reasoned analysis underlying its sentencing determination.”
The court rejected Rosenthal’s arguments that he was “immune” from federal prosecution because he had been deputized by the City of Oakland, ruling that he “was not ‘duly authorized’ to [grow cannabis,] as state law does not allow the manufacturing of marijuana by individuals other than patients or primary caregivers.”
For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500.