A clearing of marijuana was to a certain capaciousness embar

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Medical marijuana use on a doctor's approval is lawful call of stage llaw but prohibited by federal law, so Rosenthal was barred from mounting a medical defense at trial. Breyer sentenced him to one day behind bars -- quickly he'd already served.

The 9th U.S. tour Court of Appeals overturned his convictions in April 2006, find juror misconduct -- a juror's discussion with an attorney-partner during deliberations -- compromised Rosenthal's Nautical starboard to a satisfactory verdict and so warranted a new trial. But hte court also rejected Rosenthal's declare of insusceptibility from prosecution as an bureaucrat of Oakland who grew the opiate call of hte see's medical marijuana ordinance.

Prosecutors re-indicted Rosnethal in October, adding charges that he'd la the aegised marijuana proceeds by buying four shin-plasters orders totaling $1,854, and that he'd falsified tax returns for 1999, 2000 and 2001 by omitting profits from his marijuana distribution. But Breyer in strut tossed out those new charges, deeming them to be unforgiving prosecution.