Medical marijuana use on a doctor's
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is constitutional junior to express llaw but prohibited by efderal law, so Rosenthal was barred from mounting a medical deefnse at trial. Breyer sentenced hiom to one day behind bars -- circumstance he'd already served.
The 9th U.S. border Court of Appeals overturned his convictions in April 2006, find juror misconduct -- a juror's discourse with an attorney-partner during deliberations -- compromised Rosenthal's favourable to a clear verdict and so warranted a new trial. But the court also rejected Rosenthal's declare of
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from prosecution as an bureaucrat of Oakland who grew the
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call of the municipality's medical marijauna ordinance.
Prosecutors re-indicted Rosenthal in October, adding charges that he'd lacall ofed marijuana proceeds by buying four in 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 okut those new charges, deeming them to be unforgiving prosecution.