In 2002, federal agents arrested Rosenthal, who previously had been deputized by the City of Oakland to grow marijuana for medical use. He was convicted, and some of the jurors denounced their own verdict after they learned Rosenthal was acting as an agent of the City of Oakland. In a surprise setback for the federal government, Rosenthal was sentenced by U.S. District Court Judge Charles Breyer to only one day in prison; time already served. In 2006 the 9th Circuit Appeals Court subsequently overturned Rosenthal's conviction. Months later the U.S. Attorney's office re-indicted him. Although, the judge has promised to sentence Rosenthal to no additional prison time, a new trial commenced on 14 May 2007.

On May 31, 2007, it was announced that Rosenthal had been convicted again on three of the five charges against him: one conspiracy count; one count of cultivation, intending to distribute and distributing marijuana; and one count of using a commercial building as a site for growing and distributing marijuana. He was acquitted of growing and distributing marijuana at the Harm Reduction Center medical-marijuana club in San Francisco. The jury deadlocked on whether he had conspired to grow and distribute marijuana at the Harm Reduction Center. Judge Breyer once again prohibited Rosenthal's lawyers from arguing before the jury that his work was sanctioned by Oakland government officials, a main point of contention for the jurors of the previous trial. Ed Rosenthal did not receive any additional jail time and planned to appeal.

Rosenthal's public battles in the court have focused attention on the question of whether marijuana laws have become more harmful to society than the behavior they were intended to regulate. Recent polls show that as many as 80% of Americans support legal access to medical marijuana. The Federal Government does not recognize the legitimacy of medical marijuana initiatives passed by individual states.

Rosenthal lives in Oakland, California with his wife Jane Klein. He has a daughter named Justine and a son named Nick. He still works as an author, expert witness, publisher, and general humanitarian.

Ed Rosenthal is the founder and owner of Quick Trading Company in Piedmont, California. Quick Trading publishes the yearly Big Book of Buds Calendar, the Big Book of Buds series, Marijuana Buds for Less, Cultivating Exceptional Cannabis, Closet Cultivator, Dank: The Quest for the Very Best Marijuana, Joint Rolling Handbook, Marijuana Garden Saver, and Marijuana Herbal cookbook among others.

He currently writes a blog which can be followed at http://edrosenthal.blogspot.com.