May 16 2007
Ed Rosenthal the so-called 'Ganja Guru' is back in court in the United States for his second trial over the illegal sale of marijuana plants.
Rosenthal reportedly grew and sold marijuana plants from his warehouse in Oakland California for distribution to medical marijuana dispensaries called marijuana clubs throughout the San Francisco area.
According to Assistant U.S. Attorney George Bevan, Rosenthal carried out this practice for 5 and a half years and was in violation of federal law.
Although the use of medical marijuana is legal under California law, federal law still prohibits the cultivation and sale of marijuana.
With a prescription from a doctor marijuana can be bought in California from stores licensed by local communities to dispense it.
Rosenthal has been charged with two counts of conspiracy; one of using a specific place to grow marijuana; and one count of manufacturing, possessing with intent to distribute, and distributing marijuana.
In 2003, Rosenthal was convicted on three felony counts of growing marijuana, but because it was legal in California but illegal under Federal statues, he was unable to mount a defense, so he served one day in jail for his offence.
In April last year a Court of Appeals overturned his convictions based on juror misconduct, which gave the "Ganja Guru" the right to a retrial.
But Rosenthal however was not granted immunity from prosecution as someone who grew marijuana in Oakland under the city's medical marijuana ordinance.
In October last year Federal officers re-indicted Rosenthal and added on charges of money laundering and falsifying his income tax returns from 1999 through 2001 for not declaring income from his medical-marijuana growing activities.
Rosenthal has long been an advocate for medical-marijuana and often appeared as an expert witness, but is now being portrayed by federal prosecutors as something of a drug baron.
Rosenthal's attorneys claim he is a scientist with an international reputation.
Rosenthal's trial is expected to last for a couple of weeks.