‘Guru of Ganja’ Found Guilty of Federal Marijuana Charges

SAN FRANCISCO —  Ed Rosenthal, the author of books on how to grow marijuana and avoid the law, was found guilty Friday of federal marijuana cultivation and conspiracy charges.

Deliberating for a day, the 12-member jury concluded that Rosenthal, the self-described “Guru of Ganja,” was growing more than 1,000 plants, conspiring to cultivate marijuana and maintaining a warehouse for a growing operation. He faces 10 years to life when sentenced June 4.

Several people in the courtroom, including Rosenthal’s wife and daughter, wept as the verdicts were read by a court clerk.

The verdicts were a victory in the federal government’s battle against California’s 1996 voter-approved medical marijuana law. Rosenthal’s arrest last year was among a string of Drug Enforcement Administration raids on medical marijuana suppliers in California.

Under strict orders from U.S. District Judge Charles Breyer, Rosenthal couldn’t tell the jury he was growing pot as “an officer” for Oakland’s medical marijuana program.

Voters authorized Oakland’s program and other medical marijuana providers across California under Proposition 215. Eight other states also allow the sick and dying to smoke or grow marijuana with a doctor’s recommendation.

But federal authorities do not recognize those laws.

“There is no such thing as medical marijuana,” said Richard Meyer, a DEA spokesman. “We’re Americans first, Californians second.”

Outside the courtroom, jury foreman Charles Sackett III said jurors suspected Rosenthal was growing medical marijuana, since a host of protesters outside the courthouse held constant demonstrations.

Sackett, however, said the jury followed federal law when it reached its “tough decision.”

“We had no legal wiggle room,” Sackett said. When asked if he hoped the verdicts would be overturned on appeal, Sackett replied: “Personally, yes, I do.”

About two dozen protesters were screaming and crying outside the courthouse after the verdict.

The government portrayed Rosenthal as a major drug supplier. Because federal laws trump state laws, Breyer ruled that Rosenthal could not defend himself with Proposition 215. Marijuana, under federal rules, has no medical benefit.

“He was not trying to grow drugs for illicit purposes,” said Nathan Miley, a former Oakland city councilman.

Rosenthal, who remains free on bail, did not immediately comment, but in earlier interviews, he said Breyer, brother of Supreme Court Justice Stephen Breyer, should have stepped down.

“He didn’t want the whole truth out,” Rosenthal said. Rosenthal has said he’s anything but a drug dealer, noting that the plants agents seized didn’t have buds, the part of the plant normally smoked for a high. He planned to give out cuttings to seriously ill people.

A founder of the National Organization for the Reform of Marijuana Laws, Rosenthal used to write the “Ask Ed” column for “High Times” magazine and has researched and written nearly 20 books on marijuana. Millions of copies have been sold, with titles such as “The Growers Handbook,” “The Big Book of Buds” and “Ask Ed: Marijuana Law.”

Throughout the trial, Rosenthal’s lawyers repeatedly tried to get medical marijuana mentioned. During closing remarks, defense attorney Robert Eye told jurors: “We don’t ask you to check your common sense of justice when you enter the courtroom.”

Rosenthal’s lawyers were twice rebuffed by the 9th U.S. Circuit Court of Appeals in their bid to have the appeals court force Breyer to allow them to call witnesses to testify that Rosenthal’s marijuana was being grown for the sick and dying.

“No motions for reconsideration, rehearing, clarification ... or any other submissions shall be filed or entertained,” the San Francisco-based appeals court wrote.