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Opening Arguments in Rosenthal Re-Trial Begin Tuesday, May 15
Medical Marijuana Case Pits community Conscience Against Federal Prohibition


WHAT: Opening Arguments in Rosenthal Re-Trial; Press conference to follow at 4:00

WHEN: Tuesday, May 15, 2007, beginning at 8:30am. Court is scheduled to end at 4:00pm

WHO: Medical marijuana advocate and author Ed Rosenthal

WHERE: Federal Building, Courtroom of U.S. District Judge Charles Breyer, 19th Floor, 450 Golden Gate, San Francisco

After a jury selection process that saw roughly 60 of the 90 prospective jurors dismissed -- many because of strong feelings about legal access to medical marijuana -- the re-trial of outspoken author Ed Rosenthal is set to begin in earnest tomorrow.

Opening arguments from the defense and prosecution will begin at 8:30 Tuesday morning.

With sharp limits on the evidence to be presented again in place, the issue at the heart of the trial is whether or not the jury will refuse to convict Rosenthal because the marijuana he was growing was medical.

While using and providing medical marijuana has been legal under California state law for more than a decade, federal law still does not recognize medical use. Defendants at federal trial are not able to explain their actions, which in Rosenthal's case entailed being a designated officer in the City of Oakland's medical cannabis program.

Following Rosenthal’s January 2003 conviction, jurors in the case publicly recanted their verdict and leveled harsh criticism at the government for withholding information about the Oakland medical marijuana program. Convicted of three felonies related to cultivating marijuana, Rosenthal was sentenced to a single day in jail.

Rosenthal successfully appealed his conviction last year. The government reindicted in October 2006, adding 11 new charges. Judge Breyer dismissed the additional charges as "vindictive prosecution" but marijuana cultivation, conspiracy and distribution charges remain.

The prosecution, which plans to call 57 witnesses, has said its case will last more than a week, even though the government has conceded that Rosenthal can receive no additional punishment, since he has already served his sentence.

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