A California court threw out the felony drug conviction of medical-marijuana activist Ed Rosenthal on a technicality this week, but rejected his claim of immunity based on the city of Oakland's medical-marijuana law, Inside Bay Area reported April 26.

The 9th U.S. Court of Appeals in San Francisco tossed Rosenthal's conviction and called for a new trial because of juror misconduct. But the court also dismissed Rosenthal's defense that he was authorized by the city of Oakland to grow marijuana for medical use.

"Although the city of Oakland purported to authorize Rosenthal to manufacture marijuana, he was not 'duly authorized' to do so, as state law does not allow the manufacturing of marijuana by individuals other than the patient or his primary caregivers," wrote Circuit Judge Betty Fletcher.