DdC

Administration officials annoyed at California's support of the medical use of marijuana have found someone on whom to vent their frustration. Last week, at the urging of federal prosecutors, a judge convicted Ed Rosenthal of charges that carry a five-year minimum sentence. Mr. Rosenthal is a medical-marijuana advocate who grows the drug for use by the seriously ill. His harsh punishment shows that the misguided federal war on medical marijuana has now escalated out of control.

Mr. Rosenthal, who raised marijuana in an Oakland warehouse, was acting within state and local law. California's Proposition 215, which voters approved in a 1996 referendum, permits marijuana use by seriously ill people. In addition, Oakland has its own medical marijuana law, and Mr. Rosenthal was acting as an officer of the city. Nevertheless, the judge refused to allow the defense to mention any of this at his trial, since it is not a valid defense against federal drug charges.

Prosecutors were thus able to present Mr. Rosenthal as an ordinary, big-time drug dealer. After a witness said he had met Mr. Rosenthal "in the context of Proposition 215," the judge instructed the jury to disregard the reference, and took over the questioning himself. The foreman said afterward he felt the jury had had no choice but to convict, but hoped Mr. Rosenthal would win on appeal.

The prosecution of Mr. Rosenthal is only the latest attempt by the federal government to frustrate the will of California voters. Washington has also tried to revoke the licenses of doctors who recommend marijuana to their patients. This strategy was struck down as unconstitutional by a federal court last fall.

The Bush administration's war on medical marijuana is not only misguided but mean-spirited. Doctors have long recognized marijuana's value in reducing pain and aiding in the treatment of cancer and AIDS, among other diseases. A recent poll found that 80 percent of Americans support legalized medical marijuana. The reasons the government gives for objecting to it do not outweigh the good it does. And given the lack of success of the war on drugs in recent years, there must be better places to direct law enforcement resources.

If the Bush administration really believes Proposition 215 has no legal authority, it should seek to strike down the law itself. Or it could go after cities like Oakland, which make medical marijuana available as part of municipal policy. Such an approach could be inconvenient for an administration that favors greater autonomy for state and local governments. But it is less vindictive than a strategy that attacks doctors and people like Mr. Rosenthal.

The courts should not allow Mr. Rosenthal's conviction to stand. It would be a serious injustice if he were to serve years in prison, as he well may. Meanwhile, the administration should stop tyrannizing doctors and sick people and focus on more important aspects of the war on drugs.

MISGUIDED MARIJUANA WAR
NY Times Editorial Opinion
<a href="http://www.cannabisnews.com/news/15/thread15365.shtml" target="_blank">http ://www.cannabisnews.com/news/15/thread15365.shtml</A>

Angry Rosenthal Jurors Call For New Trial
<a href="http://www.cannabisnews.com/news/thread15385.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15385.shtml</A>
Calif. Jurors Convict Then Decry Marijuana Verdict
<a href="http://www.cannabisnews.com/news/thread15384.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15384.shtml</A>
The Feds vs. Ed Rosenthal
<a href="http://www.cannabisnews.com/news/thread15383.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15383.shtml</A>
Jurors: We've Been Had
<a href="http://www.cannabisnews.com/news/thread15381.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15381.shtml</A>
Pot Case Jurors Call For New Trial
<a href="http://www.cannabisnews.com/news/thread15380.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15380.shtml</A>
Jurors Tell Ed Rosenthal They're Sorry
<a href="http://www.cannabisnews.com/news/thread15379.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15379.shtml</A>
Jurors Say They Were Duped
<a href="http://www.cannabisnews.com/news/thread15378.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15378.shtml</A>
Jurors Who Convicted Grower Seek New Trial
<a href="http://www.cannabisnews.com/news/thread15376.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15376.shtml</A>
San Diego City Council OKs Pound of Med Marijuana
<a href="http://www.cannabisnews.com/news/thread15375.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15375.shtml</A>
Dazed and Confused
<a href="http://www.cannabisnews.com/news/thread15374.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15374.shtml</A>
A Peek Behind the Rosenthal Grand Jury Veil
<a href="http://www.cannabisnews.com/news/thread15373.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15373.shtml</A>

White House Report Stings Drug Agency on Abilities In an unusually harsh critique of an agency with a strong global reputation, the White House has questioned the ability of the Drug Enforcement Administration to stem the flow of narcotics and is threatening to give the agency its smallest budget increase in 15 years. Continued...
<a href="http://www.cannabisnews.com/news/thread15377.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15377.shtml</A>

We want to make sure when we spend money, that it meets needs. . . . that's what the American taxpayer expects. They expect results and I expect results.
President George W. Bush April 9, 2002

Department of Justice
<a href="http://www.whitehouse.gov/news/usbudget/budget-fy2004/justice.html" target="_blank">http ://www.whitehouse.gov/news/usbudget/budget-fy2004/justice.html</A>
John Ashcroft, Attorney General
<a href="http://www.usdoj.gov" target="_blank">http ://www.usdoj.gov</A>
Number of Employees: 105,953
2003 Spending: $22.2 billion

Major Assets: The Department is comprised of 39 separate organizations and is headquartered in Washington, D.C., although it conducts much of its work in offices located throughout the country and overseas. The Department owns 31,920 vehicles, 2,953 buildings, and 36,079 acres of land.



Drug Enforcement Administration(DEA)
—which prevent and deter crimes and arrest criminal suspects

$22 million to expand the FTTTF to include drug investigative information from OCDETF agencies;

$26 million to expand drug investigations linked to the Attorney General's Consolidated Priority Organization Target list...

Medicinal Marijuana Feds' Big Target
<a href="http://www.cannabisnews.com/news/15/thread15189.shtml" target="_blank">http ://www.cannabisnews.com/news/15/thread15189.shtml</A>
WAMM ... <a href="http://www.wamm.org" target="_blank">http ://www.wamm.org</A>
Green-Aid.com ... <a href="http://www.green-aid.com" target="_blank">http ://www.green-aid.com</A>
Americans For Safe Access ... <a href="http://www.safeaccessnow.or g" target="_blank">http ://www.safeaccessnow.or g</A>
November Coalition ... <a href="http://www.novembercoalitio n.org" target="_blank">http ://www.novembercoalitio n.org</A>

U.S. drug war's target: A new mom
<a href="http://www.cannabisnews.com/news/15/thread15025.shtml" target="_blank">http ://www.cannabisnews.com/news/15/thread15025.shtml</A>
<a href="http://www.drugsense.org/lists/restore/v2002.n277" target="_blank">http ://www.drugsense.org/lists/restore/v2002.n277</A>
Renee Boje Defense Fund ... <a href="http://www.reneeboje.com" target="_blank">http ://www.reneeboje.com</A>

The Wrong Target for 'War on Drugs'
<a href="http://www.cannabisnews.com/news/15/thread15298.shtml" target="_blank">http ://www.cannabisnews.com/news/15/thread15298.shtml</A>

The Center for Cognitive Liberty & Ethics (ccle) is organizing and preparing opposition to the US war on drugs. Read More at ...
<a href="http://www.cognitiveliberty .org" target="_blank">http ://www.cognitiveliberty .org</A>

Marijuana Arrests 315 Times Terrorist Detentions
Mr. Alsobrooks needs to look at the real facts. Almost three quarters of a million arrests are made each year in the US for so-called marijuana "crimes." That's 315 times the total number of terrorist related arrests made in the entire world in about the thirteen month period from 9/11 until the end of October 2002.
<a href="http://www.infotoday.com/it/may02/hane2.htm" target="_blank">http ://www.infotoday.com/it/may02/hane2.htm</A>

They're Doing It Again
The federal government murdered marijuana activist and writer Peter McWilliams by filing federal charges against him for using pot to help him keep his medicine down, in effect, cutting him off from his supply, and the court not allowing him to use the fact that what he was doing was legal in California in his defense. He was forced to forego his use of pot and was soon found dead, having choked to death in his own vomit. Now they've targeted another writer who has written extensively in favor of pot use medicinally and in fact grows it for legal marijuana clubs in California. Writer Ed Rosenthal has been convicted of being a major marijuana grower, for which he could be sentenced to life in prison. As with McWilliams, the court would not allow him to use the "legal in my state" defense. "Cultivation of marijuana is a federal offense, period. Nothing else matters," responded Assistant U.S. Attorney George Bevan in closing arguments on Thursday. Continued... <a href="http://www.cannabisnews.com/news/thread15362.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15362.shtml</A>

Prohibition = Violence
<a href="http://www.cannabisnews.com/news/thread15311.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15311.shtml</A>
Holy Smoke Centre Targeted Again
<a href="http://www.cannabisnews.com/news/thread15105.shtml" target="_blank">http ://www.cannabisnews.com/news/thread15105.shtml</A>
Join Emergency Protests at U.S. Embassies Wednesday re: Ed Rosenthal
<a href="http://www.yahooka.com/ubb/ultimatebb.cgi?ubb=g et_topic&f=10&t=0027 83" target="_blank">http ://www.yahooka.com/ubb/ultimatebb.cgi?ubb=g et_topic&f=10&t=0027 83</A>
15 Years for One gram of Pot: Alabama again
<a href="http://www.mapinc.org/drugnews/v03/n061/a08.html" target="_blank">http ://www.mapinc.org/drugnews/v03/n061/a08.html</A>

Ed Rosenthal finds new hope by Pete Brady (04 Feb, 2003)
Cannabis Culture Magazine
<a href="http://www.cannabisculture. com/articles/2824.html" target="_blank">http ://www.cannabisculture. com/articles/2824.html</A>

MAPInc. California Cannabis
<a href="http://www.mapinc.org/find?115" target="_blank">http ://www.mapinc.org/find?115</A>
Ed Rosenthal
<a href="http://www.mapinc.org/people/Ed+Rosenthal" target="_blank">http ://www.mapinc.org/people/Ed+Rosenthal</A>

U.S. District Judge Charles Breyers Kangeroo Krunch


and ... $10 million to expand drug-related financial and money laundering investigations.
<a href="http://www.whitehouse.gov/news/usbudget/budget-fy2004/justice.html" target="_blank">http ://www.whitehouse.gov/news/usbudget/budget-fy2004/justice.html</A>

Philanthropy Roundtable ... Drugczar -John P. Walters ... President ... PDFA Tax Shelters...
<a href="http://www.philanthropyroun dtable.org/1.1/pubnote1.html" target="_blank">http ://www.philanthropyroun dtable.org/1.1/pubnote1.html</A>

Performance Evaluation of Select Programs

ACS - Division of Analytical Chemistry - DAC Awards - John P. Walters 1980 $$$ Urine Testing
<a href="http://www.acs-analytical.duq.edu/dac_awards.html" target="_blank">http ://www.acs-analytical.duq.edu/dac_awards.html</A>

Kids Who Kill ... Poverty . . . and How to Win America's War Against Crime and Drugs
By William J. Bennett, John J. Dilulio, and John P. Walters Simon & Schuster
<a href="http://www.tgci.com/faithbased/DiIulio/kids.htm" target="_blank">http ://www.tgci.com/faithbased/DiIulio/kids.htm</A>

Clean Needles and the Crisis in Drug Use (Drugczar caged treatment over prevention)
Washington Times (11/12/96) P. A23 Walters, John P.; O'Gara, James FX
<a href="http://www.aegis.com/news/ads/1996/AD962160.html" target="_blank">http ://www.aegis.com/news/ads/1996/AD962160.html</A>

Bureau of Prisons(BOP) ... Moderately Effective... The budget requests the activation of newly constructed prison facilities

Drug Courts ... Results Not Demonstrated ... The budget proposes a $16 million increase

Juvenile Accountability Block Grants... Ineffective ... The program lacks clear objectives

Drug Enforcement Administration (DEA) ... Results Not Demonstrated ...
Program is unable to demonstrate progress in reducing the availability of illegal drugs in the United States.
<a href="http://www.whitehouse.gov/news/usbudget/budget-fy2004/justice.html" target="_blank">http ://www.whitehouse.gov/news/usbudget/budget-fy2004/justice.html</A>

Department of Justice (In millions of dollars)

Drug Enforcement Administration
2002 Actual ... 1,499
Estimate 2003 ... 1,546
Estimate 2004 ... 1,559

Federal Prison System
2002 Actual ... 4,617
Estimate 2003 ... 4,480
Estimate 2004 ... 4,492

"Certain American industrialists had a great deal to do with bringing fascist regimes into being in both Germany and Italy. They extended aid to help Fascism occupy the seat of power, and they are helping to keep it there." - William E. Dodd, U.S. Ambassador to Germany, 1937. Continued... <a href="http://www.sumeria.net/politics/shadv3.html" target="_blank">http ://www.sumeria.net/politics/shadv3.html</A>

U.S. law enforcement spends $7.5 to $10 billion annually enforcing marijuana laws. According to the FBI, 720,000 Americans were arrested on marijuana charges in 2001.
Keith Stroup, (NORML) <a href="http://www.norml.org" target="_blank">http ://www.norml.org</A>

The Ganjawar is a Product Sold by D.E.A.th to Profit Fascist ... DdC
<a href="http://pub3.ezboard.com/fendingcannabisprohi bitionprohibitionist wodjunkies.showMessa ge?topicID=58.topic" target="_blank">http ://pub3.ezboard.com/fendingcannabisprohi bitionprohibitionist wodjunkies.showMessa ge?topicID=58.topic</A>

Opinion
<a href="http://www.sumeria.net/politics/shadv3.html" target="_blank">http ://www.sumeria.net/politics/shadv3.html</A>

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kameelyun

Good article, great links.

The only sentence in there that I disagree with is:

Meanwhile, the administration should stop tyrannizing doctors and sick people and focus on more important aspects of the war on drugs.

It is my view that there are NO important aspects on the war on drugs. The government (fed AND state) has absolutely no business telling me what substances I can and/or cannot use for my own recreational purposes. Substance abuse is a health issue and should be treated as such. By doctors, psychiatrists and teachers - real teachers, not DARE teachers. I stand for the legalization of all drugs. Anyone who supports prohibition supports the black market, violent crime, and the incarceration of the poor and minorities. The War on Drugs and the DEA need to be dismantled, period!!!

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"The truth will set you free. But first, it will piss you off." - Gloria Steinem

kiWikkid

Yeah Baby, when the going gets tough, the tough get going. It's great to see all the old die-hards coming out of the woodwork now that this issue is really coming to a head.

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THE BLUNCH BLACK OF BLOTRE BLAME