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'Pot Guru' Ed Rosenthal Denied New Trial

Ed Rosenthal, convicted of cultivating marijuana in federal court despite having a state license to do so, was denied a new trial Friday.

Rosenthal wanted to argue that he was cultivating the drug as an "officer" for the city of Oakland's medical marijuana program approved by California voters. Judge Charles Breyer did not allow defense lawyers to introduce testimony on that issue because growing marijuana for any reason is a federal offense.

Some of the jurors later said they would not have convicted Rosenthal had he been allowed to explain his medical focus in growing the marijuana.

"It is simply not relevant to the question of guilt or innocence," Breyer wrote in denying the appeal for a new trial. "The Court concluded that there was no evidence from which a jury could conclude that the federal government's conduct led the defendant to believe that he was immune from criminal liability."

...."It was not a shock because this judge has consistently ruled for the prosecution," Rosenthal told Reuters. "I think in the end I'll be exonerated and the people who are persecuting me and, by proxy, medical marijuana users, will be hanging their heads in shame."
Rosenthal will be sentenced on June 4, and then will appeal the conviction to the 9th Circuit Court of appeals. You can access all of our prior coverage of the case here.

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