THE TRIAL OF ED ROSENTHAL


ED ROSENTHAL’s case has reframed the national debate on medical marijuana and has generated scores of newspaper
and magazine articles, radio interviews, local TV news coverage, as well as segments on CNN, NPR, and NBC’s Dateline.

He was an official deputized by the city of Oakland in a local program to cultivate medical marijuana.
His conviction has been denounced by such respected national columnists as Clarence Page, William F. Buckley Jr.,
Alan Dershowitz, as well as in numerous editorials in papers from Sacramento to St. Petersburg.

“[Ed Rosenthal’s] harsh punishment shows that the misguided federal war on medical marijuana has now
escalated out of control… The courts should not allow his conviction to stand.” New York Times

“The war on drugs should not be about Ed Rosenthal. He represents one city’s noble effort to distribute
medical marijuana in a controlled, responsible way.” San Francisco Chronicle

ROSENTHAL CASE TIMELINE

February 12, 2002 – Rosenthal and others are arrested and a major medical marijuana dispensary is
raided and closed. On the same day, DEA Director Asa Hutchinson arrives in San Francisco and
announces the raids in a speech delivered at the Commonwealth Club of California.

January 8-9, 2003 – Pretrial motions to dismiss the charges against Rosenthal are presented to Judge Charles Breyer
in U.S. District Court. Judge Breyer orders a hearing on the City of Oakland’s role in authorizing Rosenthal to grow
medical marijuana. Testimony is heard from a former Council member, as well as the Assistant City Attorney
and the head of Narcotics for the Oakland Police Department—all of whom testify that the city program was
designed to shield participants such as Rosenthal from federal and state prosecution.

January 13, 2003 – Judge Breyer grants the prosecution’s motion to suppress all evidence as to medical issues and
Rosenthal’s motives as an official acting for the city of Oakland from the trial; a stringent jury selection is also outlined.

January 14-15, 2003 – The jury selection takes an unprecedented two days and requires more than 80 potential
jurors to be called to seat the panel of 12, with 2 alternates. Many prospective jurors voice outrage over f
ederal policy and provide anecdotes about people who have benefited from marijuana use- all are excluded.

January 21-30, 2003 – The prosecution takes five days to present its case. The defense is sharply limited, as Rosenthal
is prevented from including his official position with the City of Oakland, and corroborating testimony is suppressed.

February 1, 2003 – After a trial that received widespread international media attention, Rosenthal is convicted
of three counts of marijuana cultivation and conspiracy.

Within hours of reaching a verdict, the majority of the jurors publicly renounce the verdict, saying crucial facts
had been kept from them. They send a letter to Judge Breyer, asking him to show mercy at sentencing.

June 4th, 2003 – In a dramatic departure from federal guidelines, Judge Breyer sentences Rosenthal to just one
day in prison, with credit for the time served awaiting bond after his arrest (more than 24 hours), allowing
Rosenthal to walk out of court a free mansubject to three years of supervised release.

Once outside, Rosenthal tells the gathered media and supporters that he is unwilling to accept felony convictions
for humanitarian work that he had been deputized by the City of Oakland to perform, and vows to appeal the convictions.

April 26, 2006 –The Ninth Circuit Court of Appeals overturns Rosenthal’s convictions after concluding that a
juror had made her decision under duress.

October 12, 2006 – The US Attorney’s Office re-indicts Rosenthal on the original charges but adds nine additional
charges related to financial transactions, including money laundering allegations related to four money orders totaling $1,855.

March 14, 2007 – US District Judge Charles Breyer dismisses the nine finance charges in a rare “vindictive prosecution”
ruling, saying the government had acted improperly in bringing an expanded indictment. He gives the prosecution 30 days to
determine if and how they will proceed on the marijuana charges. The government concedes that Rosenthal has completed the sentence from his original conviction, and it cannot ask for additional penalty if they can obtain a second conviction.

May 15-30, 2007 – During the second trial, Judge Breyer again bars Rosenthal from presenting witnesses to
corroborate that he was deputized by the city of Oakland to provide medical marijuana in compliance with city
and state regulations. Nor is testimony allowed from then-City Council member Nate Miley (now an Alameda
County Supervisor), though Miley had been permitted to take stand in the first trial. The government attempts
to compel members of the medical marijuana community to testify against Rosenthal, but seven witnesses reject
immunity letters from the U.S. Attorney's office and refuse to answer questions. The jury again finds Rosenthal
guilty of marijuana cultivation and distribution but is deadlocked on the conspiracy counts.
Rosenthal vows to appeal his conviction again.

Jan 14, 2009 – Rosenthal’s second appearance before the Ninth Circuit Court of Appeals for oral arguments is on
Wednesday, January 14th 2009 at 95 7th St. (@ Mission St.) in San Francisco.