Rosenthal was arrested on February 12, 2002 for cultivation of cannabis by Federal authorities, who do not recognize the authority of states to allow the use of medical cannabis. In 2003, he was convicted in a controversial trial presided over by Federal District Court Judge Charles Breyer. On April 26, 2006, the U.S. Ninth Circuit Court of Appeals overturned the felony conviction of Ed Rosenthal, finding juror misconduct compromised his right to a fair trial. On April 14, a U.S. grand jury was once again persuaded to indict him on charges of violating absurd prohibition laws by growing hundreds of marijuana plants for a dispensary.
Then there were new charges in October 2006 accusing Rosenthal of failing to report income from the sale of plants on his returns. A reasonable person migh suppose that Rosenthal was being punished not for his conduct but for his activism.
On March 3, 2007 Judge Charles E. Breyer agrred to a motion by Rosenthal's counsel and ordered the U.S. Attorney in San Francisco to sumbit all trial memooranda to determine whether the government had engaged in "vindictive prosecution."
On May 16, 2007, Rosenthal was back in court facing a fresh attempt by Federal prosecutors to convict him for violating Federal drug law. Apparently hounding Rsenthal is more important than prosecuting terrorists and white collar criminals.
- "'Guru of Ganja' Indicted Again." Associated Press. October 14, 2006. TBO.com
- Carolyn Marshall. "Judge to Decide Validity of Case on Marijuana." The New York Times. March 4, 2007.
- Marcus Wohlsen. "Ganja Guru Back in Federal Court Again." The Guardian. May 16, 2007.