Top CelebStoner Ed Rosenthal is asking the 9th U.S. Circuit Court of Appeals in San Francisco to overturn his 2007 conviction for growing marijuana in an Oakland warehouse. (He was convicted of the same offense in 2003.) He took his case to court again on Jan. 14.

Rosenthal contends he was never allowed to defend himself properly when the judges decided medical-marijuana testimony was inadmissible. Both times he was sentenced to one day in jail.

"I'm a soldier in the movement to change the marijuana laws," Rosenthal says, explaining why he was back in court, "and every case is important."

According to Steve Kubby, who attended the hearing, "The Government basically admitted that if Ed had been allowed to present all the information the jury would have voted their conscience and not convicted."

Rosenthal's lawyer Michael Clough told the three-judge panel that his client's 5th Amendment rights to present a complete defense to the jury.

"If his conviction is allowed to stand," Clough commented, "overzealous federal prosecutors  may criminalize the efforts of local officials to implement  controversial state and local initiatives."


Also see:

Ed Rosenthal

Witnesses refuse to testify in Rosenthal trial