First Stage of Trial for Ed Rosenthal Underway

[boulder]

The first stage of a trial for an Oakland marijuana author began in a federal courtroom in San Francisco this morning with the start of jury selection.

 

Edward Rosenthal, 58, is accused of conspiring to grow more than 1,000 marijuana plants, actually growing more than 100 plants, and maintaining premises for marijuana cultivation at a former Oakland warehouse. Rosenthal has written several books about marijuana cultivation as well as a marijuana column for an alternative newspaper.

 

If convicted, he could face a lengthy sentence. The conspiracy charge carries a mandatory 10-year sentence upon conviction. The cultivation charge carries a mandatory five-year term and the marijuana premises charge has a term of up to 20 years in prison.

 

The trial in the court of U.S. District Judge Charles Breyer is scheduled to begin on Jan. 21.

 

Potential jurors were asked this morning whether they have strong views about marijuana laws and whether they could apply a federal law that makes it a crime to cultivate marijuana.

 

Over the past several days, Breyer turned down several defense motions for dismissal of the charges. In one argument, Rosenthal contended that he had reason to believe he would not be prosecuted for helping to provide marijuana to aid seriously ill patients under the state's Compassionate Use Act.

 

But the judge said that federal law supersedes the state law and Rosenthal did not prove that any federal officials led him to believe he would not be prosecuted in federal court.

 

Breyer is the same judge who presided over a civil case filed by the U.S. Justice Department that forced that Oakland Cannabis Buyers' Cooperative to stop dispensing medical marijuana.

 

Source: SF Gate.com (CA)