Dismissal Sought in Medical Pot Case

[boulder]

Source: Oakland Tribune

 

Lawyers for marijuana authority Ed Rosenthal of Oakland argued Monday the federal government has singled him out for persecution and prosecution, a prelude to asking that the drug charges against him be dropped.

 

They'll be back before U.S. District Judge Charles Breyer of San Francisco on Wednesday, and the judge has said he'll rule that day on whether to dismiss the case.

 

Rosenthal, 58, a widely known marijuana activist and author, was among those arrested last February when Drug Enforcement Administration agents raided his home office and other Oakland sites, as well as the Harm Reduction Center medical marijuana club in San Francisco and the Petaluma home of Harm Reduction Center founder Ken Hayes.

 

California law says medical use of marijuana is legal; federal law says it isn't. Court documents show that the DEA claims Rosenthal and the others arrested in the Feb. 12 raids were involved not only in a medical marijuana dispensary, but also in growing marijuana and selling it for profit to almost anyone, using state law as a smokescreen for illegal activity.

 

Rosenthal's case has become a rallying point for medical marijuana activists and even inspired the creation of a new charitable group -- Green Aid: Medical Marijuana Legal Defense & Education Fund, Inc.

 

His lawyers on Monday argued selective prosecution motions, claiming DEA agents targeted Rosenthal as a high- profile marijuana advocate to be raided on the same day DEA chief Asa Hutchinson was in the Bay Area to speak about the importance of continuing the war on drugs. The lawyers also argued their motions to suppress evidence based on problems with the warrant used in the raids.

 

On Wednesday, they will argue their motions to dismiss the case based on grounds of official immunity, due process and lack of jurisdiction. Breyer indicated that he will rule on those motions the same day, and should the case continue, will hear expert testimony Thursday on evidence issues.