Obama's DoJ Backs Prosecution of Medical Marijuana Providers
By FRED GARDNER
Flags flying, soldiers dying
all the politicians lying
-business as usual
It's official -under Barack Obama, the Department of Justice will not restrain federal
prosecutors targeting medical marijuana providers. Any lingering hopes that the new
Administration would implement change in this area were blasted April 17 when U.S.
Attorney Thomas O'Brien forwarded to District Judge George Wu a letter from DOJ
clarifying ObamAdmin policy.
The clarification had been requested by Judge Wu. On March 23, responding to
widespread media reports of a "policy change" under Obama, Wu had postponed the
sentencing of Charles Lynch, 46, a Morro Bay dispensary operator, until the U.S.
Attorney could provide a written statement elucidating the present policy.
The definitive letter, signed by H. Marshall Jarrrett, director of the office that
oversees all U.S. Attorneys, is addressed to O'Brien.
"In response to your request, the Office of the Deputy Attorney General reviewed the
facts of this case to determine whether the prosecution of Mr. Lynch comports with
the Department of Justice's policies with respect to marijuana prosecutions. Based on
the facts of this case, the Office of the Deputy Attorney General concurs with your
office that the investigation, prosecution, and conviction of Mr. Lynch are entirely
consistent with Department policies as well as public statements made by the
Attorney General. Accordingly, you should seek to proceed with the sentencing
recommendations which your office has filed with the court."
Attorney General Holder had proclaimed that DOJ would henceforth approve
prosectuion only of those medical marijuana providers who violate state law as well as
federal law. (Federal prosecutors and the DEA claim that this has been their
approach all along.) Pro-cannabis activists contend that Lynch ran an exemplary
operation in Morro Bay. The letter from Deputy AG Jarrett begs the question: in what
way did Lynch's dispensary violate state law? No evidence of profiteering by Lynch
had been introduced during his trial. Nevertheless, ObamAdmin policy is now
unambiguous: California dispensaries are subject to DEA raids, and their operators
are subject to prosecution. Gone is the hope of retroactive leniency for Tom Kikuchi,
Stephanie Landa, Dustin Costa, and dozens more growers and dispensary operators
who are in prison or facing prison terms.
The few that I've met are intelligent, skilled, decent people who, in a rational society,
would be contributing to the welfare of their families and communities.
Judge Wu will sentence Charles Lynch April 23 at 10:30 a.m. in his Los Angeles
courtroom. Supporters will be out in force. Ronnie Naulls is one of those in the
pipeline to prison whose fate will be affected by Jarrett's letter. He emails, "This is
very upsetting news. We all have to join together and go to court to support Charles.
Lord knows I would be there in a heartbeat but because of my house arrest I will be
there in spirit."
Fred Gardner edits O'Shaughnessy's, the Journal of Cannabis in Clinical Practice. He
can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
--
Cheryl Aichele
310-694-2523



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