Quick Hits (page 3)
Rosenthal remains free as pot case jurors decry their own verdict
By: Angela Watercutter (AP)
SAN FRANCISCO - In a courtroom crowded with medical marijuana advocates wearing "Free Ed" buttons, a federal judge said that convicted marijuana guru Ed Rosenthal is not a flight risk and allowed him to remain free on $200,000 bail pending his June sentencing.
Prosecutors asked U.S. District Judge Charles Breyer to revoke the bail of Rosenthal, who faces up to an 85-year prison term when he is sentenced June 4, saying that they believed Rosenthal was a flight risk. After Breyer refused that request Tuesday, Rosenthal shook hands and exchanged hugs with supporters in the courtroom.
Rosenthal, 58, the self-described "Guru of Ganja," was convicted Friday of cultivation and other drug charges by a jury that almost immediately questioned its own verdict. Several jurors have said they would have acquitted him had they been told he was growing medical marijuana for the city of Oakland.
"I never want to see this happen again," said jury foreman Charles Sackett, 51 of Sebastopol, reading an apology letter to Rosenthal outside the federal courthouse. "We had the integrity to follow the letter of the law in federal court. Yet I must admit that court played unfairly."
Other jurors agreed. Five of the jurors and one alternate were in the courtroom during Tuesday's bail hearing, and outside of court they said they had heard support for their actions from two others.
During the hearing Tuesday, prosecutors said that regardless of Rosenthal's position with the city, he was not a public official and the number of plants Rosenthal cultivated was still a violation of state law.
Rosenthal, who appeared outside of the San Francisco courthouse flanked on either side by his wife and 12-year-old daughter, said he doesn't blame the jurors for his conviction.
"Both the jury and I were victims of persecution, of an illegal government action," Rosenthal said, standing in front of about 30 medical marijuana advocates outside of federal court. "I have no regrets. I was helping patients."
After a two-week trial, the 12-member jury unanimously concluded that Rosenthal, a world-renowned marijuana advocate, was growing more than 100 plants, conspiring to cultivate marijuana and maintaining an Oakland warehouse for a growing operation. He was painted as a major drug manufacturer and put on little defense.
The jury was not told that Rosenthal was acting as an agent of the city of Oakland's medical marijuana program, which was an outgrowth of a 1996 medical marijuana initiative approved by California's voters.
Throughout the two-week trial, Rosenthal's defense team repeatedly tried to call witnesses to testify that Rosenthal was growing medical marijuana. The judge denied those requests. The 9th U.S. Circuit Court of Appeals sided with the judge twice during mid-trial appeals.
Federal authorities have waged a campaign against the law, raiding California providers of medical marijuana. Rosenthal was arrested in one such crackdown last year.
Still, legal experts said Judge Breyer, brother of U.S. Supreme Court Justice Stephen Breyer, had federal precedent on his side when excluding defense witnesses.
Also backing Breyer, experts say, was a ruling by the U.S. Supreme Court two years ago prohibiting advocates for the sick and dying from doling out marijuana to those with a doctor's recommendation. That decision prompted a string of raids on medical marijuana growing operations throughout California. In addition, the federal government does not recognize the medical marijuana laws in nine states that have them.
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Growin' Our Own (page 3)
Happy trails from Hicky and Boggs
By: Tip Packer
Now I'll be the first one to say that what happened on 9/11 was outright terrible. I mean that. I'll also say that the vermin that did it ought to be flayed. Now with that said, one of the many side issues of 9/11 has been the increased security at border crossings. I can't speak about the U.S. - Mexico border, I've never been there. But I can speak, with some first hand knowledge, about our northern border. The U.S. - Canada border. At the main crossings, they call 'em ports, the border patrol is as thick as fleas. They search damn near everybody and everything. And it takes what seems to be an eternity to cross that invisible line from the U.S. into Canada or vice versa. It is a mess, to say the least.
Because of the increased security at the main northern border crossings, my business has increased. In fact, I've had to turn business away. And I don't like to do that.
I bring certain commodities from Canada into the U.S. on a seasonal basis.
Y'all ever look at a map of the northern border states? If not, do it sometime. You will be amazed at the lack of roads and towns. You will also be amazed at the sheer ruggedness of the terrain. It ain't for the faint of heart, understand that. The deal here is that there is no way the border patrol can cover it all. It can't be done. Further, these folks figure that because there are no roads and the terrain is real tough that nobody would be willing to cross from one country into another. How wrong they are. Besides those folks couldn't find their ass with both hands, a map and a flashlight.
Hicky, Boggs and myself do it during the decent times of the year. Hell, I've been crossing those borders for the best part of 30 years. Hicky and Boggs have been with me for about the last 12 years. And we know Coeur d'Alene and the Kootenai area very, very well. Together, we've been bringing commodities into the U.S. for the last 5 years. Two hundred pounds at a time, maximum.
I'm a packer by trade. Hicky and Boggs are my mules.
Now don't just sit there, tokin' on a number and laughing. In my neck of the mountains mules are hella better than horses. Hell, mules are better than horses any old time. They can carry more. They're cheaper to feed. They can go all day without water - try doing that with a horse. They are much more sure-footed than a horse. Mules are not as jumpy, either, as your run-of-the-mill hay burner. Lastly, any mule is far and away smarter than a horse.
Don't misunderstand me, I own a couple of pick-up trucks also. How do you think I get Hicky, Boggs and myself to the trail start point and home again? But where we spend a great deal of time no vehicle, not even a tank, can follow. That's just how it is.
With the increased security on the main border crossings, folks in Canada have had a more difficult time getting their product to a willing market here in the U.S. So, as any good business man would do, they have had to resort to innovative ways of moving their product across the border. That is where I and my mules come in.
A typical trip into Canada and back takes a minimum of 5 - 7 days. That is also contingent on Mother Nature. Late spring, and I do mean late spring, through real early fall normally is okay, weather wise. But you still have to keep your eyes peeled for any changes in the weather and know the area you are traveling through. If you don't, it can kill ya. It is very unforgiving out here. And even very late spring, because of our northern latitude, it is still colder than a well-digger's ass.
I always take Hicky and Boggs. I use one as my saddle or riding mule and the other as my pack mule. I also always change out which mule does what. They are trained to do both saddle and pack and I like to keep it that way.
There are several different drop points in Canada for the commodities I'll be picking up and several different drop points in the U.S. where I leave the cargo and pick up my money. I know which one to go to because this is all prearranged before I head out. By the way, I am not the only one who is engaged in this sort of import business.
I gotta to say that how these folks get the product to the pick-up point is beyond me. It is way off the beaten path. But, nonetheless, it is there, each time, every time. The commodities are inside 50 pound gunny sacks and I load 4 of them onto the pack mule for the trip. I will not and have never had my pack mule carry more than 200 pounds. It is not at all good for 'em. I've heard of packers claiming their mules have carried quite a bit more weight than my limit of 200 pounds. Ya never know, but I tend not to believe 'em.
While 200 pounds may not sound like a whole lot to you all, I do two trips a month, on average, for 5 months. Well guess what? That adds up to 2000 pounds of real good stuff for you. It also increases the size of my pocketbook. Non-taxable and all that. Besides, making more trips would cut into my hunting and fishing time and just plain old sight seeing. I love to fly fish for trout and these mountains are beautiful. Nah, these mountains are majestic.
I have never met and don't intend to meet the folks that deliver the stuff to the pick-up points. I have never met the folks who leave my money and pick-up the stuff at the various drop off points. I don't care to. I know that business has been booming and will probably continue to do so as long as there is a market for the commodity I import.
Properly packing a mule takes time and training. Both for the mule and for you. On these trips I use a sawbuck packsaddle with canvas panniers and a double mohair cinch. I also carry two 40 foot lengths of rope and a canvas tarp. Naturally the use of a britchen goes without saying. It is real important to keep the center of gravity of the load as low as possible and as far forward on the mule as possible. This does two things: First and foremost it is the safety -- stability of the mule. Secondly is for the mule's comfort.
For my saddle mule I use a Montana mule saddle, britchen and breast collar. Don't even think that a horse saddle will work on a mule.
Like I said, I've been in these mountains for the better part of 30 years and have been engaged in this type of import business for the last 5 years. I have yet to encounter any, and I do mean any, law enforcement type on the trail. I have never seen nor even heard an aircraft when I'm out on the trail.
I've heard tell that now if you want to go into Canada from the U.S. and return, you have to show proof of identity. Hell, when I'm on the trail I don't carry nothing other than provisions and camp gear. Never have. Wallets get lost too damned easy. Besides, it ain't nobody's business who I am. I know who I am so fuck 'em!
It's winter time as y'all can tell. That means indoor time for me, Hicky and Boggs. Yeah, I do work 'em during the week. Keeps them and me trained up for packing season. A few months from now the three of us will be back on the trail doing what we do best.
Happy trails.
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Pipeline (page 3)
Now is the time to change the law
By: Rob Kampia (Marijuana Policy Project)
The New York Times issued a scathing editorial charged that "the Bush administration's war on medical marijuana is not only misguided but mean-spirited" and calling for a change in federal law.
In the meantime, California jurors who inadvertently convicted a medical marijuana grower held a news conference today, apologizing for what they had done. They also called for a change in federal law.
A federal jury in San Francisco convicted Ed Rosenthal, a well-known grower of medical marijuana in the Bay Area, of three marijuana cultivation felonies. He now faces a mandatory minimum of five years -- and as many as 85 years -- in federal prison for growing medical marijuana, which is legal under California state law. His grow operation, which served hundreds of patients who have their physicians' approval to use marijuana for medical purposes, was also officially sanctioned by the Oakland city government. He will be sentenced to prison on June 4.
Why did the jury convict Rosenthal? Because the federal judge prevented Rosenthal's defense team from making any mention of medical marijuana in court. His lawyers weren't even allowed to bring in city officials who had planned to testify that Rosenthal was growing marijuana as an officer of the city!
The judge instructed the jury to determine simply whether Rosenthal was growing marijuana and -- if he was -- they should send him to federal prison. The jury, feeling pressured to convict him and not hearing any real defense, found him guilty on all three counts.
If you believe that people who are arrested for marijuana should be able to argue their case in court without being gagged by a judge and trampled by prosecutors, please visit http://www.mpp.org/USA to fax a pre-written letter to your three members of Congress, urging them to change federal law.
The jurors didn't even know it was a medical marijuana trial until they read the news after issuing their verdict on Friday. According to an Associated Press story today, the jurors are outraged by the way the judge used federal law to gag the defense and blind the jury:
* "I feel like I made the biggest mistake in my life," said juror Marney Craig, a 58-year-old Novato property manager. "We convicted a man who is not a criminal."
* "I really feel manipulated in a way," said juror Pam Klarkowsky, a 50-year-old Petaluma nurse. "Had I known that information, there is no way I could have found that man guilty."
* Juror Debra DeMartini, a 45-year-old Sonoma restaurant manager, said she would have acquitted had she known what the media was reporting during the trial. Breyer ordered the jury not to listen, read or watch any news accounts of the trial. "I'm hearing all of these things after the fact," she said. "That sheds a whole new light on it."
* Jury foreman Charles Sackett, 51 of Sebastopol, said he hopes Rosenthal's case is overturned on appeal. "Some of us jurors are upset about the way the trial was conducted in that we feel Mr. Rosenthal didn't have a chance and therefore neither did state's rights or patient's rights," the landscaper said. "I would have liked to have been given the opportunity to decide with all the evidence."
At their news conference today, the jurors said they felt duped; they then called on the federal government to make medical marijuana legal.
As you probably know, it is legal to use and grow medical marijuana in eight states, including California.
But federal law defines marijuana as having no medical value and imposes long prison sentences for any kind of marijuana offense. Because of this, the U.S. Supreme Court ruled in May 2001 that people who are arrested for marijuana under federal law cannot avoid being convicted just because they were growing for medical purposes. In fact, people aren't even allowed to talk about medical marijuana in federal court.
Consequently, we must convince Congress to change federal law so that it recognizes marijuana's medical value and allows defendants to argue their case in federal court.
In every social movement, there is a moment in time that crystallizes the issue and serves as a turning point. Let's hope that the outrageous events in California -- and the support of The New York Times -- causes Congress to take action finally on this issue.
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Sun Valley, Idaho, 83353