Americans for Safe Access: 

Noted cannabis author Ed Rosenthal had the majority of the federal charges against him dismissed on March 14, thanks in large measure to the legal work of Americans for Safe Access’ Chief Counsel, Joe Elford. The judge in the high-profile case made an extraordinarily rare ruling that the government was engaging in an illegal “vindictive prosecution” when it expanded the charges against Rosenthal upon re-indicting him.

Smiles — Attorneys Omar Figueroa and Shari Greenberger of Pier 5 Law Offices flank a happy Ed Rosenthal after most of his charges were dismissed. Photo by Vanessa Nelson 0courtesy of MedicalMarijuanaofAmerica.com.

Convicted in 2003 on three felony cannabis counts in a case that received worldwide media attention, the 62-year-old medical marijuana advocate had his convictions overturned by a federal appellate court in 2006. 

ASA has been attending court hearings, mobilizing grassroots support, and keeping people informed about the case 

The government then brought a new indictment against Rosenthal that included not only the original charges related to growing medical marijuana as part of a City of Oakland program, but also tax and money laundering charges.

In dismissing the additional money-related charges, Charles Breyer, the federal judge hearing the case, said the addition of money laundering and tax charges was an effort to dissipate the harsh criticism taken by the government over the case.

When the prosecutor, Assistant US Attorney George Bevan, Jr. indicated that he intended to retry Rosenthal anyway on just the cannabis charges — despite the fact that the government stated it would not seek more than the one-day sentence Rosenthal received for the original conviction — Judge Breyer postponed the case to give the government time to reconsider.

Breyer set the stage by asking what purpose could be served by a new trial and directing prosecutors to find another case of a defendant being re-tried after serving his sentence.

Dismissal of the new charges meant a sigh of relief for many in the Bay Area medical marijuana community. More than 70 witnesses had been subpoenaed by the government to testify against Rosenthal, beginning with the federal grand jury in August 2006. Throughout the process, ASA staff worked to protect the rights of the subpoenaed members of the community, many of whom were reluctant to testify.

During the grand jury phase, at least four witnesses were subpoenaed, two of whom refused to testify and were close to being jailed for contempt. ASA informed and trained these and other people subpoenaed about their rights in general and, specifically, before a federal grand jury. ASA also secured legal counsel experienced in grand juries for one of the people the government was attempting to coerce into testifying.

In addition to helping Rosenthal and people the government has been trying to strong-arm into testifying, ASA has been attending court hearings, mobilizing grassroots court support and keeping the community informed about what was happening in the case.

At the next hearing in the Rosenthal case, prosecutors will reveal whether they are appealing the “vindictive prosecution” dismissal or dropping the remaining charges. Judge Breyer scheduled that hearing for Friday, April 13, a date that drew an incredulous “Friday the thirteenth?” from one of the attorneys.

"I can’t imagine a better day,” Breyer deadpanned.

"4/20,” suggested Rosenthal.