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Leniency Pleas for Ed Rosenthal

By Jeralyn, Section Crime Policy
Posted on Wed May 28, 2003 at 07:10:13 PM EST
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It may or may not make a difference, but we certainly appreciate the gesture of Bill Lockyer, California Attorney General and 8 of the 12 jurors in the Ed Rosenthal marijuana cultivation case, who are urging a federal judge to impose a lenient sentence on the "Guru of Ganj."

Sentencing is June 4. Rosenthal's lawyers are seeking community service and probation instead of the mandatory minimum five year sentence.

At the heart of the motion is a portrayal of Rosenthal as an atypical marijuana cultivator who grew the substance out of humanitarian concern for suffering patients, did not financially profit from the activity, and believed his actions were legal, based on state law and advice from public officials.

Attorney General Lockyer wrote:

Lockyer wrote that considering "the conflict between California and federal law governing the legality of possessing marijuana for medicinal purposes, I urge you to impose the minimum sentence allowed under the federal sentencing guidelines."

Rosenthal should qualify for the "safety valve" which would eliminate the mandatory sentencing requirement. Once that is gone, the judge should be able to consider other downward departures as well.

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