Cannabis Campaigners' Guide News Database result:


After you have finished reading this article you can click here to go back.

US: Rosenthal retrial opens; Raich decides against appeal

Liz Highleyman

Bay Area Reporter

Thursday 17 May 2007

---
The retrial of Oakland-based "Guru of Ganja" Ed Rosenthal on cannabis
cultivation charges opened in federal court on Tuesday, May 15.

Rosenthal was convicted of cultivation in 2003, but jurors later
complained that U.S. District Judge Charles Breyer did not allow
evidence that Rosenthal was providing cannabis for medical use in
accordance with California's Compassionate Use Act (Proposition 215);
Breyer sentenced Rosenthal to a single day in prison.

Rosenthal later won an appeal before the 9th U.S. Circuit Court of
Appeals due to juror misconduct, and the court ruled that he may not be
subject to additional prison time for the same offense.

In March, Breyer ruled that federal prosecutors acted vindictively in
their attempt last fall to lodge additional charges of money laundering
and tax evasion against Rosenthal. Nevertheless, prosecutors decided to
go forward with a retrial on the original cultivation charges in order
to bring the case to a conclusion.

In her opening statement this week, Rosenthal's attorney, Shari
Greenberger, stated that the federal government's continued pursuit of
the case was an "attempt to suppress his ideas." But Breyer instructed
the jury that they must decide the case based on Rosenthal's guilt or
innocence, not the government's motives.

The trial is expected to continue for another week.

Raich will not appeal

Shortly before Rosenthal's trial got under way, another long-running
federal medical marijuana lawsuit drew to a close.

Angel Raich, a medical cannabis user who suffers from a variety of
ailments including an inoperable brain tumor and severe wasting
syndrome, decided not to pursue an appeal in her case against the
federal government.

Raich initially filed the lawsuit in 2002, along with another patient,
Diane Monson. The 9th Circuit Court ruled the following year that the
use of cannabis grown within the same state did not fall under the
federal government's authority to regulate interstate commerce. The
Justice Department appealed to the U.S. Supreme Court, which ruled in
June 2005 that patients who use cannabis are in violation of the federal
Controlled Substances Act, despite state medical marijuana laws.

Raich appealed that decision, arguing that seriously ill patients have a
right to use a drug that could save their lives or relieve intolerable pain.

A three-judge panel of the 9th Circuit Court ruled on March 14 that
Raich is not immune from prosecution under federal drug laws, even
though they appeared sympathetic to her plight and agreed that her
doctor had presented "uncontroverted evidence" that she needs cannabis
to survive.

On May 10, Raich and her lawyers filed a notice of dismissal of the case
– indicating that they would not appeal the latest ruling – but she
emphasized that her struggle will continue.

"I've lost all faith in the judicial system," Raich said in a statement.
"Right now I need to concentrate on my health ... [B]ut as soon as I've
recovered, I am going to get back to work on taking the fight to Congress."

Raich indicated that she was preparing to undergo radiation treatment
due to progression of her brain tumor.

"Upon analysis, the avenues left to us did not look fruitful," added
Robert Raich, her attorney and former husband. "It's a sorry commentary
that right now we simply cannot depend on the courts to uphold
fundamental rights, even the right to life."

liz@black-rose.com
http://www.ebar.com/news/article.php?sec=news&article=1830

 

 

 

After you have finished reading this article you can click here to go back. 




This page was created by the Cannabis Campaigners' Guide.

Feel free to link to this page!