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Guru of Ganja Walks Free

Hooray for Ed Rosenthal! The convicted "guru of ganja" was sentenced in San Francisco to one day in jail--which he had already served--so he's free.

A big and well-deserved slap in the face to Ashcroft.

U.S. District Judge Charles Breyer sentenced convicted marijuana grower Ed Rosenthal to one day in federal prison with credit for time served, essentially setting him free.

Rosenthal was convicted in January of three marijuana cultivation and conspiracy charges. He faced more than 80 years in federal prison and $2.5 million in fines. The Federal Probation Department had recommended that Rosenthal be sentenced to two 21-month sentences to be served concurrently.

Charles Breyer prevented him from using California's Prop. 215 as a defense in his case. Prop. 215, which is not recognized by the federal government, allows critically ill patients to grow, posses and consume cannabis with a doctor's recommendation. When the jurors who convicted Rosenthal later discovered that he had been growing starter plants for patients, they renounced their guilty verdict and announced that they had been misled.

The Attorney General of California and eight of the jurors in the case wrote the Judge asking for leniency for Rosenthal. U.S. District Judge Charles Breyer said Rosenthal genuinely believed that what he was doing was not against the law. "He was unaware his conduct was not immunized from federal prosecution," the judge said.... Federal law does not permit legalization of marijuana for medical use, although Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington allow it.

Our full coverage of the case is here.

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