WAKADO: Ed Rosenthal Gets 1 Day Jail Time In Marijuana Case / Thanks To Ed Rosenthal Medical Marijuana Fight Continues

Saturday, July 7, 2007

Ed Rosenthal Gets 1 Day Jail Time In Marijuana Case / Thanks To Ed Rosenthal Medical Marijuana Fight Continues

SF: JUDGE DENIES ROSENTHAL ATTORNEY'S FEES FOR DISMISSED FINANCIAL CHARGES

A federal judge has turned down a bid by Oakland marijuana activist Ed Rosenthal for attorney's fees for his costs of fighting tax evasion and money laundering charges that were dismissed before a trial.

U.S. District Judge Charles Breyer of San Francisco issued a ruling rejecting the request Friday afternoon, shortly after he sentenced Rosenthal to one day already served in jail for marijuana cultivation.

Breyer wrote that even though he dismissed the financial accusations, the charges weren't frivolous and the government therefore should not be required to pay Rosenthal's legal costs.

The judge wrote, "The court does not find that the government acted maliciously or with an intent to harass the defendant.''

Convicted medical pot grower avoids prison sentence

SAN FRANCISCO—Ed Rosenthal, the self-described "Guru of Ganja," will not spend any time in prison despite a conviction for growing and distributing hundreds of marijuana plants, a federal judge ruled Friday.
A jury convicted Rosenthal, 63, in May of three cultivation and conspiracy charges after U.S. District Court Judge Charles Breyer prohibited his lawyers from telling the jury that Rosenthal was working for a pot club sanctioned by the city of Oakland.

On Friday, Breyer said the one-day prison sentence was still punishment enough for Rosenthal, who once wrote the "Ask Ed" column for High Times magazine and has written books with titles including "The Big Book of Buds" and "Ask Ed: Marijuana Law. Don't Get Busted."

Nonetheless, Rosenthal said he still planned to appeal his conviction.

"I should not remain a felon," he said.