ASA Chief Counsel, Joe Elford, secured a huge victory for the medical marijuana movement yesterday in the case of author and medical marijuana activist Ed Rosenthal. Federal District Court Judge Charles Breyer ruled that Rosenthal was vindictively prosecuted, and dismissed charges of tax evasion and money laundering - charges that were added after Rosenthal's conviction in 2006! The remaining marijuana charges against Rosenthal are virtually identical to those pursued against him in his previous trial. With an admission in court by the U.S. Attorney that it would not seek additional punishment beyond the one-day sentence for Rosenthal's conviction, the prosecution has little reason to proceed with the case.

"We are gratified that the court has recognized the vindictive nature of this prosecution and has reigned in the prosecutor," said Joe Elford, author of the successful vindictive prosecution motion. "The additional charges brought against Rosenthal were clearly in retaliation for his criticism of the government. Taxpayer dollars should not be wasted on a vendetta carried out by a prosecutor against a defendant."

Judge Breyer's ruling is the result of a motion to dismiss based on vindictive prosecution filed by Americans for Safe Access and other attorneys with Rosenthal's legal team. The substance of the brief was that the government was retaliating against Rosenthal for his successful appeal and his statements to the press that his first trial was unfair. In his ruling, Judge Breyer asserted that "the government's deeds--and words--create the perception that it added the new charges to make Rosenthal look like a common criminal.".

Rosenthal was re-indicted after his 2003 conviction was overturned in April 2006 by the Ninth Circuit Court of Appeals. After finding out that medical marijuana evidence had been excluded from the 2003 trial, a majority of the jurors that convicted Rosenthal recanted their verdict. Due at least in part to public outcry, Rosenthal was sentenced to one day in jail. The government was relying on the new charges of tax evasion and money laundering to justify the second prosecution of Rosenthal. The court has now confirmed that Rosenthal's continued prosecution is suspect.