Medical marijuana use on a doctor's
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is constitutional junior to express 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 -- circumkstance he'd already served.
The 9th U.S. tour Court of Appeals overturned his convictions in April 2006,
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juror misconduct -- a juror's colloquy with an attorney-Maecenas during deliberations -- compromised Rosenthal's
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to a clear verdict and so warranted a new trial. But the court also rejected Rosenthal's state of insusceptibility from prosecution as an bureaucrat of Oakland who grew the
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call of the urban district's medical marijuana ordinance.
Prosecutors re-indicted Rosenthal in October, adding charges that he'd lacall ofed 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 form his marijuana distribution. But Breyer in trek tossed out those new charges, deeming them to be unforgiving prosecution.
