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

Medical Marijuana...DEA should focus on Doctors not pot dispensaries!

In the spite of the fact the California Supreme Court issued a ruling that Proposition 215 (a voter-approved "compassionate use of Medical Marijuana" measure) stand, the DEA continued with para-military-style raids on local pot dispensaries.

The overzealous agents argued that marijuana was an illegal substance according to Federal law and that - consequently - the DEA could not look the other way.

In sum, the passing of Prop 215 in California, placed Federal and State Laws at odds with each other.

Notwithstanding, there was an outcry from Californians who felt that the "will of the people" was being ignored by self-serving law enforcement agencies.

Meanwhile, others lamented to all within earshot, that Barack Obama was not fulfilling his campaign promise regarding the issues.

So, Americans for Safe Access - a non-profit organization that has been fighting the medical marijuana dilemma in the State Courts (and winning hands-down) - organized a highly-vocal protest which was launched on the White House.

Shortly after Barack Obama and his administrators were bombarded with a barrage of telephone calls and angry e-mails - Eric Holder (Attorney General) - issued a terse statement to the press in which he noted that DEA raids on pot dispensaries (legally licensed in the State of California) were no longer condoned by the U.S. Government.

I penned a post on the turn of events.

Post: 03/02/09

http://ijulian.blogspot.com/2009/03/medical-marijuanapara-military-style_02.html

A cheer went up around the state!

On the heels of that public announcement, inside sources alleged that a confidential memo was sent out to prosecutors advising them to "drop" charges against pot dispensaries and medical marijuana patients who were caught in the middle of the turf wars going down between the Federal Government and the State of California.

Suddenly, without warning, the bold action by the U.S. Attorney's office earlier in the week was reversed two days later amid a shroud of mystery.

Consequently, the whole prosecutorial issue regarding the matter was left twisting in the wind.

Some theorize that staff in the Obama inner circle advised the President that he may have jumped the gun in view of the fact the administration had not lined up all their ducks in a row, yet.

White House spokesperson , Nick Shapiro, may have hit the nail on the head when he recently confided to the press.

"The President believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind."

Curiously, a Professor of Law & Medicine focused on an issue that has been foremost in my own mind in recent days.

Alex Capron (USC) speculated that the debate about medical marijuana centers on whether it is something that is part of the doctor-patient relationship or something where the authorities have an obligation to protect the community from a dangerous drug.

I hate to be a stick in the mud, but I started to reflect on that aspect of the problem recently, after a stroll or two in the neighborhood in recent weeks.

On several occasions when I have passed by a couple of the pot dispensaries in West Hollywood (two on Santa Monica Boulevard in WeHo proper) I have spied cars careen to a halt outside the guarded front door - at which point - three or four young adults stumbled out into the busy street and headed into the facility to pick up their "medicine".

I know that I shouldn't prejudge - and that just glancing at a person's physical body is not a surefire way to verify if they have a medical problem that requires the potent powers of the leafy substance - but for the most part it appeared on each occasion I witnessed said events that the "patients" were energetic youths whose only need appeared to be to devour the drug.

Initially, if you recall, the whole idea of the compassionate use of medical marijuana sprang forth as an alternative to off-the-shelf prescription drugs when it was determined that A.I.D.S. patients in advanced stages of the disease benefited from the medicinal qualities of the banned substance.

Understandably, in view of the foregoing, I am concerned that because of a selfish few (who may be abusing the privilege to just get "high") medical marijuana and the distribution of the "medicine" at government-licensed dispensaries may be placed in jeopardy.

And, that would be a shame, since hard-working staff at Americans for Safe Access - in particular the lawyers - fought monumental battles in the courts on behalf of the worthy cause to ensure medical marijuana was available to needy patients.

Others, like myself, have not only written posts to rally support for the compassionate use of medical marijuana, but also attended protests in front of DEA Headquarters to demand an end to the para-military-style raids, drug and money seizures, and dehumanizing arrest procedures.

In the final analysis, it appears that the problems may have arisen because of unethical doctors who may be approving medical marijuana prescriptions willy-nilly to appease their patients (or for quick cash under the table).

Personally, I believe that at this juncture of the "game", the government (and the DEA) should focus their attention on the doctors.

If an investigation determines there has been wrongdoing by individuals in the medical profession, then perhaps the State needs an oversight Board to properly review requests for medical marijuana prescriptions before rubber-stamping approval.

Sorry, Dudes!

http://www.julianayrs.com

California Supreme Court...denies County of San Diego's Medical Marijuana appeal. Senate Bill 420 binding State Law!

Today, the California Supreme Court denied an appeal lodged by the County of San Diego - and in the process - signaled to lawmakers that - "Federal Law does not trump State Law."

The County of San Diego filed suit in February 2006 - after challenging the validity of California’s medical cannabis laws - and refusing to issue patient ID cards for Medical Marijuana patients which are mandated under Senate Bill 420 (2003).

Shortly thereafter, a Superior Court Judge dismissed the action, which was a sound victory for Americans For Safe Access - who intervened - and became a party to the action to protect the rights of Medical Marijuana patients in the State of California.

On the heels of Superior Court ruling, however, County legal eagles remained undaunted.

An appeal was lodged with the State Appellate Court - in a bold-faced legal effort to circumvent State Laws - and ultimately deny all Medical Marijuana patients the rights they were afforded pursuant to Senate Bill 420.

The Appellate Court Justices reviewed the issues and found that the lower Superior Court ruling was without error.

Subsequently, San Diego County lost that round of litigation in the higher court.

Unwilling to accept defeat, even at that juncture, attorneys were inclined to go one step further and lodge another appeal with the California Supreme Court for further consideration.

Today, the Supreme Court denied the request to hear the appeal.

In sum, the litigation is now over.

All counties in the state are now compelled to abide by applicable Statutes in respect to provisions mandated by law and as they pertain to the "compassionate use of Medical Marijuana".

On the heels of the landmark ruling, Joe Elford - a representative at Americans for Safe Access - noted that Counties that do not comply with the Court's ruling today will face vigorous opposition.

“We are prepared to commence litigation to ensure implementation of the medical marijuana ID card program,” he asserted.

The implications of the San Diego victory are far-reaching.

Until now, elected officials at various levels of government, have cited Federal law as a reason not to obey the will of California voters.

And, officials across the country - who have been looking at the implementation of medical marijuana statutes in their own states - have held back because they have been under the impression that federal law trumps state action.

The landmark ruling today paves the road ahead.

For those who seek (or already carry) Medical Marijuana ID cards - and purchase medical marijuana from licensed collectives - the ruling is a glorious victory.

One of many protests held over abusive DEA raids...