[420 Girl]

Ed Rosenthal, twice convicted of violating federal drug laws by growing marijuana for medical patients, wants a new trial.

The 62-year-old Oakland man claims U.S. District Judge Charles Breyer in San Francisco wrongly barred him from telling jurors his goal was helping the sick.

In a motion filed earlier this month, Rosenthal's attorney argued Breyer should have allowed him to present evidence regarding "the scientific value of medical marijuana."

Assistant U.S. Attorney George Bevan said Rosenthal's allegations are without merit, according to a motion he filed Wednesday.

A federal jury on May 30 convicted Rosenthal of conspiring to grow and distribute marijuana and other charges. Federal agents in February 2002 seized more than 3,700 pot plants at an Oakland warehouse run by Rosenthal.

He was sentenced to one day in jail, which he'd already served.

Rosenthal was convicted of similar charges in 2003 but an appeals court overturned the verdict because a juror called a lawyer for advice during deliberations.


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