In what one defense attorney called "the most remarkable day of jury selection" he had ever witnessed, more than half of the 52 potential jurors called for the trial of best-selling marijuana author and activist Ed Rosenthal were excused by Federal District Court Judge Charles Breyer after expressing their support for medical marijuana and states' rights. Judge Breyer asked potential jurors if they had strong feelings on the legalization of marijuana, the legality of medical marijuana, or the conflict between federal law and California's voter initiative, Proposition 215, which legalized the medical use of marijuana. Members of the jury pool told anecdotes about how they or someone they knew used or had recommended to them medical marijuana, gave voice to passionate feelings about the need to legalize marijuana for all use, or expressed deep distaste for federal interference in California's laws. "Could you follow the law? The law will be in this case that it is illegal to cultivate marijuana," said Judge Breyer. The majority of those asked found it difficult to apply federal law overriding state law.

Judge Breyer previously ruled in favor of the prosecution's motion to exclude all discussion of medical issues, the City of Oakland's marijuana ordinances, and California's Compassionate Use Act legalizing medical marijuana (Prop 215). A key component of Rosenthal's defense is that he was immunized from federal prosecution by City Officials under the California Compassionate Use initiative. "With 80% of Americans supporting medical marijuana, it's no surprise that there would be such a day in court," said Steph Sherer, Executive Director for Americans for Safe Access. "This simply reflects that people have made up their minds about medical marijuana. That passion and certainty was felt today in the courtroom." Ed Rosenthal, author of over a dozen books on marijuana, was arrested in February 2002 for marijuana cultivation after agents raided an Oakland facility where starter plants were being cultivated for use by eligible patients. Rosenthal's research and work on behalf of sick and dying patients followed the 1996 passage of Proposition 215.