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SF Pot Guru Wins Civil Suit

San Francisco's medical pot guru Ed Rosenthal won a civil suit and damages as a result of a pot club owner turning his plants (grown with a local license) over to the DEA. Rosenthal was tried in federal court, convicted and given a one day sentence. The jurors complained to the judge afterwards that they weren't told Rosenthal had a state license:

On Friday, San Francisco Superior Court Commissioner Catherine Lyons ruled that pot club owner Bob Martin must pay Rosenthal $4,500 for medical marijuana plants confiscated by the federal government in February, 2002 during a Drug Enforcement Administration raid at a Sixth Street medical pot club.

Here's the two sides, first Martin, then Rosenthal:

In the suit, Rosenthal claimed Martin wrote him $7,000 worth of checks for marijuana "clones" -- plants grown from cuttings of other plants -- that were delivered to the Harm Reduction Center, at Sixth and Howard streets. Martin said he cancelled the checks when he became convinced that Rosenthal was planning to use the $7,000 to "take the club over." And before he had a chance to discuss the situation with Rosenthal, the DEA agents raided the place, confiscated the plants and arrested Rosenthal. "He is still trying to get money for pot that everybody was busted for," Martin said....Martin believes Rosenthal is targeting him because he testified against Rosenthal at the trial.

Rosenthal made it clear that he is still bitter that Martin, who was subpoenaed by federal prosecutors, should not have taken the stand. "He knew the trial was coming up. He could have skedaddled for a few weeks," Rosenthal said. "This guy is a snitch and now he is trying to get out of legitimate purchase and consulting fees."

Martin's lawyer calls it "a family feud":

The case has divided The City's medical-marijuana community. While Rosenthal is one of the most famous marijuana advocates in the country, Martin is a popular figure here in San Francisco, where he owns two medical-pot dispensaries. "I think of it as a family feud," said former District Attorney Terence Hallinan, who is representing Martin.

However, Martin's defense doesnt' ring true to us:

But in his testimony in small-claims court, Martin pointed out the absurdity of being sued for not paying for substances illegal under federal law. "If I was forced to pay those checks, your honor, I'd be committing a federal crime," he said. "I'd be paying for marijuana, which is a federal offense."

He agreed to write the checks and he wrote the checks when it was a federal crime. He didn't stop payment on them until it suited his purposes. And it's not like Martin can't afford to pay:

A reclusive Georgian, Martin was, until last season, the owner of 300 San Francisco Giants season tickets, making him the largest non-corporate ticket-holder. He keeps his pot clubs stocked with free food and regularly donates as many as 40 tickets a game to down-and-out medical-marijuana patients, according to some ticket recipients.

But, we'll give Martin the last word. After the verdict he promised to appeal, saying:

"I will never, ever in my life time pay that man one nickel," said Martin.

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