Medical Marijuana...Charles Lynch sentencing held over til June!

Over the past year, I have been reporting on medical marijuana issues that have been bouncing around the State from the staid chambers of a half-a-dozen City Council Town Halls to the front steps of DEA headquarters in downtown Los Angeles.

On occasion, courts with jurisdiction over criminal proceedings arising from drug busts, have also been forced to grapple with the controversial subject of citizen-owned "pot dispensaries" and the subsequent distribution of medical marijuana pursuant to an initiative passed by California voters a scant few years ago.

Even President Barack Obama got into the fray recently when supporters of Medical Marijuana petitioned the oval office to recognize California State laws (and the will of the people) - and likewise - put an end to para-military-style raids on pot dispensaries by the DEA.

In the interim, Charles Lynch - an outspoken advocate of Medical Marijuana who ran a pot dispensary in Morro Bay - was busted by the DEA and charged with the crime of selling and distributing an illegal controlled substance pursuant to Federal law.

At the trial, which I covered, Lynch's counsel argued rigorously in his defense, to no avail.

The court was more inclined to rule in favor of the prosecutor who painted Mr. Lynch as a loose cannon who exalted his role as a supplier of medical marijuana, was prone to flash wads of cash to impress girls and impressionable locals - and likewise - allegedly acted irresponsibly by selling the "illegal controlled substance" to underage teens at whim.

Charles Lynch trial

Post: 10/02/08

http://ijulian.blogspot.com/2008/10/free-charles-lynchprotest-rally-at.html


On the heels of his conviction, there was a public outcry from friends, supporters, and medical marijuana advocates who lamented to anyone within earshot that justice had not prevailed.

Subsequently, at the sentencing hearing yesterday afternoon, there was a big show of support.

It was noted for the record only one complaint had been filed against Lynch in the past.

When it was revealed that the disgruntled resident lodged it on the grounds that the product Lynch was selling was of poor quality, observers in the gallery were inclined to laugh out loud.

Bad business ethic, but surely not a crime in a State that voted in the legalization of medical marijuana, eh?

An "Americans for Safe Access" spokesperson, Don Duncan, described the hearing this way:

"The courtroom was filled to capacity for the proceedings - including extra federal marshals on hand to monitor the unusually large crowd. Observers listened to more than two hours of testimony from key players in the case. Owen Beck, the eighteen-year-old amputee and legal patient to whom Lynch provided cannabis, asked the judge for leniency in a heartfelt statement. The judge also heard from Lynch's brother and the Mayor and City Attorney from Morro Bay where Lynch operated Central Coast Compassionate Caregivers with the city's blessing until march of 2007."

The issue of whether or not Lynch believed his conduct was legal under state law will influence the decision of the Jurist presiding over the case (Judge Wu) when the matter concludes next month on June 11th (2009).

In court yesterday, Wu appeared to be leaning towards a lighter sentence rather than the applicable 5-year mandatory sentence prescribed by Federal law.

The Judge promised to review the precedent cited by a Joe Elford case and the guidelines for medical cannabis he helped to craft with the California Attorney General last year.

Stay tuned as this landmark case winds to a close in the near future.

http://www.julianayrs.com

(Free) Charles Lynch...protest rally at Federal Courthouse. October 6th. 11 A.M.

A posse of protesters are planning a rally down at the Federal Courthouse on Monday, October 6th, to protest the recent conviction of medical marijuana distributor, Charles Lynch.

On August 4, 2008, the jury in the Charles C. Lynch Federal Court case began their deliberations after arduous closing arguments, numerous jury instructions and a taxing two-week trial

Mr. Lynch was found guilty of conspiracy to possess and distribute marijuana, two counts of providing cannabis to adults under the age of 21 years old, possession with intent to distribute and maintaining a drug premises

To some, Mr. Lynch has being unjustly charged with crimes that fly in the face of current State Law.

In his defense, a few have argued that Mr. Lynch followed all his business license requirements, city regulations, county restrictions, and state law.

Notwithstanding, Mr. Lynch's counsel asserted in court that his client contacted the DEA before setting up shop, to determine if his plans fell within the confines of Federal law.

Mr. Lynch alleged that the DEA representative he spoke to waved him off.

"It’s up to cities and counties to handle that [medical marijuana dispensary] matter."

I personally recall reading an article in the morning daily - after-the-fact - that reported the DEA official in question adamantly denied the comments were ever uttered to the defendant, Mr. Lynch.

In fact, if I recall correctly, the DEA Agent insisted that no one at that office would ever make such a wild statement, in view of their vigorous attempts to shut down pot dispensaries in recent months.

It should be noted that in another case this week, a Federal Judge refused to impose prison time on a man who had produced and distributed edible medical cannabis products throughout the state of California.

Despite sentencing guidelines calling for at least two-and-a-half years in jail, U.S. District Court Judge Claudia Wilkin exercised her discretion to sentence Michael Martin, 34, to five years probation, with one year to be served in a halfway house and one year to be served in home confinement.


The dramatic sentence caused the courtroom full of patients and activists to erupt in applause.

However, it should be noted that Mr. Martin did agree to a plea bargain, in view of the fact a stiff sentence appeared to be on the horizon, otherwise.

Faced with the threat of more serious charges and the specter of a Federal Trial in which no information about State Law or medical use could be introduced, Martin pled guilty in Federal Court to manufacturing marijuana edibles and did not contest the government finding of more than four hundred plants seized in a DEA raid in September (2007).

In a speech to the court that had observers in tears, Martin spoke eloquently about why he had acted on behalf of patients, describing the cancer patients he was proud to have helped, the support of his loving family, and how he had only acted on behalf of others, never for profit.

That speech, the enormous volume of letters of support for Martin the judge received, and the lack of any evidence that any edible produced by Mickey was diverted to recreational use, all helped the judge declare that this was a unique case that did not call for a normal sentence, and certainly not the more than three years of federal prison that the law mandates.

Comments from the bench about the tensions between State and Federal laws also made clear that the Judge understood medical cannabis cases to be different from other federal drug cases, and she joined several other members of the federal judiciary in departing from the government's sentencing guidelines.

"The prosecution of good people like Michael Martin, who are trying to give patients the choice of an edible, non-smoked medicine, is a travesty," said Rebecca Saltzman, ASA Chief of Staff.

"The government says smoking is a bad delivery method then prosecutes those who provide an alternative - ridiculous."

The Lynch case differed in some respects.

Although it was argued in court by the defense counsel that Mr. Lynch obtained his license for the dispensary like any law-abiding citizen would - and thereafter acted within the full dictates of the law - the prosecutor and the DEA Agents accused that Mr. Lynch exploited his role as a legal dispensary, sold medical marijuana willy-nilly to underage youths - and quite flagrantly - played up his role as a supplier in a manner that was careless, in question, and not in keeping with State Laws.

Of course, that is a quick sketch of arguments I gleaned in the local press.

I have not researched the issues thoroughly, so I can not take a position one way or the other, in this instant case.

Supporters familiar with the case, on the other hand, have been quite vocal.

Although allegations of wrongdoing were made, the Lynch camp is quite adamant that no evidence was presented in federal court that substantiated the bald-faced allegations.

A representative at Americans for Safe Access - Don Duncan - was inclined to protest the outcome, too.

"Terrible justice. We must protest his sentencing."

Hence, the rally, which is being scheduled for October 6th at the Federal Court House, at 312 N. Spring Street (at Temple) in downtown Los Angeles at 11:00 A.M.

See 'ya there!

Arnold, who's your supplier?