 | NORML News: Freedom for Ed Rosenthal |
 NORML News Winter 2003
Ed Rosenthal, the guru of ganja, is free after being convicted of cannabis cultivation in the US government's war on medical marijuana.
In a surprising move, Judge Charles Breyer sentenced Rosenthal to just one day in prison - which he had already served on remand so he walked free to cheers from his supporters.
Rosenthal could have faced up to 20 years in prison, despite the fact that he was growing herb for medical use which is legal in California. He had been deputized by the City of Oakland to grow medical cannabis on their behalf for local patients.
During his trial, Judge Breyer blocked attempts by defence lawyers to tell jurors why Rosenthal was growing marijuana and prevented Oakland officials from explaining Rosenthal's deputisation. When they learned these facts after the trial was over, five jurors denounced the verdict, apologised to Rosenthal and called for a new trial.
Rosenthal's lawyer Dennis Riordan is appealing against the conviction on the grounds of jury misconduct and withholding of relevant evidence by Judge Breyer. Riordan said the jury could have found Rosenthal not guilty if they decided he was acting in good faith and believed his grow-op was legal.
Furthermore, none of the jurors were aware of their right to exercise jury nullification, which allows a jury to find a defendant innocent if the law itself is unjust.
In the meantime, we can rejoice that Ed Rosenthal, a member of NORML New Zealand, is free and able to continue sharing his wisdom about our favourite plant.
 Go to the previous story: Feds versus Ed (NORML News, Autumn 2003)
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