Veteran medical-marijuana activist Ed Rosenthal recently dodged a possible prison term when tax-evasion and money-laundering charges against him were dismissed, but the federal prosecutor in the case wants to retry Rosenthal on marijuana cultivation charges, the San Francisco Chronicle reported March 17.

Assistant U.S. Attorney George Bevan is appealing the dismissal and says he plans to retry Rosenthal on the drug charges even though he previously agreed not to seek a prison term if the medical-marijuana activist is found guilty of cultivating the drug.

U.S. District Judge Charles Breyer, who dismissed the tax and money laundering charges against Rosenthal because he viewed them as retaliatory, suggested that Bevan rethink his position.