U.S. District Judge Charles Breyer might be eager to get the “Guru of Ganja” off his trial calendar. But he wasn’t prepared to dismiss charges against famed toker Ed Rosenthal as defense lawyers wanted on Friday.

Before a colorful crowd of medical marijuana activists, plus a gaggle of lawyers for witnesses in the case, Breyer was skeptical of a motion to dismiss the case on the basis of vindictive prosecution.