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After a long delay, the appeal has begun for Ed Rosenthal's conviction on federal marijuana charges. The Oakland Tribune reported on Sept. 12, 2005 ( "'Ganja Guru' Appeal Set After Delay") that "More than two years after being convicted and sentenced for growing marijuana, Oakland's self-styled 'Guru of Ganja' will make his appeal Tuesday for why even a slap on the wrist was too much. Ed Rosenthal, a renowned pro-marijuana author, activist and cultivation authority, claims he never should have been convicted of three marijuana-growing felonies. The government claims he not only deserved conviction, but he also deserved at least two to five years in prison instead of his one-day, time-already-served sentence. Three judges of the 9th U.S. Circuit Court of Appeals will decide sometime in the few months after Tuesday's arguments."

According to the Tribune, "Rosenthal - famed for his books and for the 'Ask Ed' column he wrote for 'High Times' magazine - became a medical-marijuana cause celebre after his February 2002 arrest. Drug Enforcement Administration agents raided sites including his Oakland home office; an Oakland warehouse where he'd been growing marijuana; San Francisco's Harm Reduction Center medical marijuana club, which he'd supplied; and the HRC's founder's Petaluma home. After a five-day trial, a federal jury convicted Rosenthal on Jan. 31, 2003, of three marijuana-growing felonies. Upon learning afterward of the state and city protections Rosenthal had not been allowed to raise as a defense, several jurors renounced their verdict and rallied to his cause. U.S. District Judge Charles Breyer sentenced Rosenthal on June 4, 2003, to one day in prison. On appeal, Rosenthal basically claims Breyer erred by not letting him mount an 'entrapment-by-estoppel' defense -- that is, that local and federal officials had led him to believe his conduct was protected under California's 1996 compassionate-use law and by an Oakland ordinance under which he was deemed an city officer permitted to grow marijuana."

The Tribune noted that "In fact, the appeal notes that at Rosenthal's sentencing, Breyer said he believed Rosenthal reasonably - although incorrectly - thought the state and local laws immunized him; the judge used this as an explanation for the lighter-than-normal sentence. The appeal also claims:
"- -Federal prosecutor George Bevan committed misconduct by falsely telling the grand jury that later indicted Rosenthal that federal agencies were not aiming to shut down medical marijuana clubs;
"- -Rosenthal wasn't allowed to rebut the government's claims that he grew the marijuana for profit;
"- -Two jurors committed misconduct by voting to convict based in part on an attorney-friend's advice not to stray from the judge's instructions;
"- -Breyer erred by instructing the jury it could not bring its 'sense of justice' to bear on this case; and
"- -Breyer erred by refusing to exclude evidence from the Oakland warehouse based on Rosenthal's claim that the warrant lacked probable cause.
"The government not only disputes all of these claims but is seeking a harsher sentence of at least two to five years in prison."

Rosenthal Appeal Begins