Federal judge postpones medical marijuana sentencing
L.A. Times
blogs
March 23, 2009
http://latimesblogs.latimes.com/lanow/2009/03/federal-judge-p.html


A federal judge in Los Angeles this morning postponed the sentencing of a
man who emerged as a key figure in the national debate over medical
marijuana, saying he wanted additional information about a reported change
in the Justice Department's policy regarding such prosecutions.

U.S. District Court Judge George H. Wu asked prosecutors for a written
response from the Justice Department about its position on medical marijuana
prosecutions in light of recent comments from Atty. Gen. Eric H. Holder Jr.

Holder said last week that the Justice Department under President Obama had
no plans to prosecute dispensary owners who operated within their state's
law.

Wu said he did not believe that any change in policy would affect the
conviction of Charles Lynch, 47. But the judge said he wanted to consider
any new information about the policy before imposing sentence.

Lynch's trial this summer  showcased the issue of conflicting state and
federal marijuana laws.

Cultivating, using, and selling doctor-recommended medical marijuana is
allowed under some circumstances in California and a dozen other states, but
federal law bans the drug altogether.

Lynch, of Morro Bay, argued at trial that he had the blessing of the mayor
and other city officials when he opened his Central Coast Compassionate
Caregivers in  spring  2006. Lynch's defense attorneys wanted to present
evidence that Lynch was providing a service to seriously ill patients for
whom doctors had recommended marijuana. But they were barred from doing so
because the U.S. Supreme Court has concluded that the reason someone
distributes marijuana in violation of federal law is irrelevant.

Prosecutors portrayed Lynch as a cynical entrepreneur who took advantage of
the state's medical marijuana law to sell about $2 million worth of pot
from 2006 until last year, when his store was raided. They accused him of
carrying around a backpack stuffed with cash, like a common drug dealer.

Following the verdict in August, the jury forewoman said jurors believed
Lynch "meant well" but concluded that he was breaking federal law.

-- Scott Glover

http://latimesblogs.latimes.com/lanow/2009/03/federal-judge-p.html

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