Conviction of "Ganja Guru" Overturned
The appeals court further took issue with the manner in which the lower court had turned down Rosenthal's request for a new trial. "We find that the district court applied an overly burdensome standard of proof and that, under the appropriate standard of review, prejudice is evident," wrote Judge Betty Fletcher for the appeals court panel.
Rosenthal was convicted of growing large quantities of marijuana ("ganja") and distributing it to Bay Area medicinal marijuana clubs. Though prosecutors had sought a 6 1/2 year term, Rosenthal was sentenced to serve only one day in jail. The judge in the case handed down the short sentence because Rosenthal believed the growth of marijuana for medicinal purposes was legal under California state law.
In January 2004, California enacted a state law allowing patients to use marijuana for medical reasons with a doctor's prescription. However, the U.S. Supreme Court ruled in 2005, that federal law trumps state statutes and can be used to prevent doctors from prescribing marijuana. The conflict between federal and state law on medical marijuana continues to this day in California.
Also See: CA Cities Scramble to Regulate or Ban Medical Marijuana
Comments
Thanks for this one too Robert.
So lets see… its not medicine, but they’ve approved it in a not-smoked form for phase III trials by a Pharmcorp. The feds are the nation’s sole provider of medical cannabis (grown at the U of Miss) to a small and shrinking group of patients. Yet an affirmative medical use defense isn’t allowable under federal regs… and so believing in that one are we that as a nation we barely if at all paused as the federal WOD bureacracy killed Peter McWilliams defending their notion that they get to decide what evidence we get to defend ourselves with. Whew…
This brew will ripen quickly in the summer heat. It will not remain a non-issue. In upcoming presidential elections the charade will fade. This is a really big lie. Like the biggest they’ve ever told.