Federal judge postpones medical marijuana sentencing

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  over a roughly one year period beginning in 2006, until 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

Comments

[Dr.NosePikens]

Wu said he did not believe that any change in policy -

That's just marginalizing Attorney General Holder's order. Why make the comment in the first place let DOJ respond themselves you can't influence their final decision your Honor.

[Rubblebeam]

Stop wasting taxpayer money on the MMJ circus. The courts have caused enough misery over the past 70 years, dismiss this case and all others like it, then we the people will have something called liberty. The tipping point has been reached, legalize it, tax it, move on to issues that are actually complicated.

[Craig Rubin]

It is about time to tax and regulate CA's number one cash crop.
And, then we can use hemp as well...for gas, food and fiber.

[Westside Steve]

I do not medically require nor recreationally imbibe weed (college days ended too long ago). But its a plant, leave it be. There needs to be a test case in this or another arena to overturn the supreme court decisions that gutted the "interstate commerce" clause on all regulatory laws.
As written, weed grown in california and lawfully distributed inside its borders should have never involved the feds. Period.
But courts simply didn't like this and gutted the consitution for convenience, saying if it "resembled" the regulated activity, the feds can regulate. Nonsensical gutting of the constitution which needs overturning.

[Shanaldo]

Hmmm...didn't Eric Holder just infer that Federal Law should be relaxed - so taxpayer money isn't wasted? How about the Mexican Cartels killing their own and kidnapping Americans? Just legalize it already...stop the madness!!

[Brenda]

Thank you Judge Wu, for asking "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."

Policies are changing, respect for the overall process provides hope to those of us who believe in the American system. Your actions educate all of us on the importance of accountablitiy. Thank you.

I do pray that the new federal policies support Mr. Lynch as working with patients who have life altering and life threatening diseases is more than providing medication, it is being a shoulder, an ear, a wealth of different types of support and it takes very special people to be able to offer these services.

Brenda

[Michael B. Del Camp]

This case is far more significant, I have learned, than the individual, the case or the law involved. What I mean is how this prosecution illustrates the U.S. Supreme Court's recent gutting of the interstate commerce clause on all regulatory laws, which would limit such assertions of federal jurisdiction in local and state communities. Read the comment posted above by Westside Steve on this story. I really do not think a law was broken here, despite the conviction. He lives in California, afterall. I want New Hampshire to become a liberal state like California in so many ways. Go ho ho Jerry Brown my friend. You are the best, and so is Mr. Charles Lynch, Eric Holder, Barack Obama, and Judge Wu (so far) in this case, a miscarriage of justice by overenthusiastic federal prosecutors if ever there was one. Whatever happened to official discretion, for God's sake?

[Chris Flynn]

This is absolutely ridiculous. Why can't people just realize that there is no evidence supporting any of the Supreme Court's decisions to keep this as an illegal product. There are way too many benefits (health, manufacturing, fuel, etc.) Why contiue to play Americans for stupid? Because everyone is scared to find out what a real medicine can do!