Pot Dispensary owner sentenced to prison

slimvictor

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http://latimesblogs.latimes.com/lanow/2009/06/charles-lynch.html

The owner of a Morro Bay pot dispensary who emerged as a key figure in the national debate over medical marijuana was sentenced to one year and one day in prison today by a federal judge in Los Angeles.

Charles Lynch, 47, dressed in a dark suit, sat with his hands clasped and stared straight ahead as the sentence was imposed by U.S. District Court Judge George H. Wu. Lynch declined the opportunity to address the court moments earlier. His mother, seated in the courtroom gallery nearby, fought back tears as Wu said he saw no way around imposing a sentence of at least one year.

Lynch’s case made headlines nationwide and came to symbolize the tension between conflicting state and federal marijuana laws. Cultivating, using and selling doctor-recommended marijuana is allowed under some circumstances in California and about a dozen other states, but such activities are banned entirely under federal law.

Lynch was prosecuted for illegally distributing marijuana from his Central Coast Compassionate Caregivers facility, despite having the blessing of Morro Bay’s mayor, city attorney and other civic leaders.

During a two-week trial last summer, Lynch’s attorneys attempted to mount a defense based on the service they contend he provided to chronically ill patients who relied on marijuana to ease their suffering. They were barred from doing so, however, because the Supreme Court has ruled that medical necessity is not a legitimate defense for violating federal drug laws.

Prosecutors, meanwhile, portrayed Lynch as a common drug dealer who profited from his enterprise and hauled around a backpack stuffed with cash. They said he sold more than $2 million worth of the drug. They also said he repeatedly sold to people under 21 — considered minors under federal law — and that much of his clientele consisted of seemingly healthy young repeat customers.
 
Mr Lynch did nothing wrong. This is big government gone insane. I saw a TV program a while back about this case. They interviewed one of the minors he sold medical marijuana to. The teenager had a leg amputated (due to bone cancer I believe). His doctor prescribed the medical cannabis for the pain. The boy's father would drive him to the dispensary and purchase the drug with him. It was all according to state law. The federal drug laws are unconstitutional. I hope the states will begin to invoke their 10th Amendment rights.
 
^^ yeah Huaca I saw the same thing on MSNBC awhile ago too. And yeah i agree this whole thing is total Bullshit, even if he did make a lot of money. It seems like the government is just like 'oh well this dispensary is making lots of money lets shut it down and ruin some person/person's life.'
And yeah that teenage with the amputated leg. . . my god, many people don't know this but when you have a limb amputated you will come to experience a effect called 'phantom limb' pain where it basically feels like your limb thats been amputated is on fire and the pain is so severe its one of the most painful things known to man. So our federal government would rather have this 17 year old male with an amputated leg (Due to cancer) take opioid medication to relieve his pain instead of marijuana!?! wtf is wrong with these people, we seriously need an intelligent doctor to lead this country. Because I am so sick of this world right now I dunno how much more of this ridiculousness i can take!!!
 
A more informative article on the same topic from the SF Chronicle.

** Notice that the Obama administration wanted to put the poor guy away for 5 years!!**

366-day sentence for pot dispensary owner
Bob Egelko, Chronicle Staff Writer
Friday, June 12, 2009

A federal judge sentenced the owner of a Central California medical marijuana dispensary to a year and a day in prison Thursday, spurning the Obama administration's push to give the defendant five years imprisonment in a test case of new federal policies toward state pot laws.

Charles Lynch's case was the first to reach court after Attorney General Eric Holder announced in March that the administration would target only traffickers who violated both state and federal drug laws in California and 12 other states that allow the medical use of marijuana. The Justice Department said Lynch was properly convicted and shouldn't get leniency, despite his insistence that he complied with state law.

Lynch, former operator of Central Coast Compassionate Caregivers in Morro Bay (San Luis Obispo County), is the latest of several marijuana defendants to receive lighter-than-usual sentences for violating federal drug laws after arguing that they were complying with California's voter-approved medical marijuana law.

Federal courts have ruled that the 1996 state law, which allows patients to use the drug with their doctor's approval, is no defense to a charge of violating U.S. laws prohibiting marijuana possession, cultivation and distribution. But some federal judges have taken the state law into account in sentencing.

U.S. District Judge George Wu of Los Angeles didn't spell out his reasons for exempting Lynch, 47, from the five-year sentence normally required by federal law for conspiring to grow and distribute marijuana. But Wu noted that Lynch ran his dispensary openly, with a business license and the awareness of local elected officials, before federal agents raided it in 2007.

At a previous hearing, however, he made it clear that Lynch had to spend at least a year in prison because one of his customers was a minor, whose parents obtained marijuana at the dispensary. Lynch remains free during his appeal, which will challenge Wu's refusal to allow evidence that a federal drug agent had allegedly assured Lynch he would not be prosecuted.

The judge "was trying to do everything he could to minimize the sentence," said Joe Elford, a lawyer for the advocacy group Americans for Safe Access. "This is another case where a federal judge has indicated to the Department of Justice that these cases are not worth bringing."

Prosecutors could ask an appeals court to overrule Wu and order a five-year sentence. The U.S. attorney's office in Los Angeles is considering an appeal, said spokesman Thom Mrozek.

"This was a large-scale commercial operator," Mrozek said, referring to prosecutors' assertion that Lynch had sold $2.1 million in marijuana products for profit. "He didn't fit the criteria of being a caregiver" under state law.

Federal prosecutors in California, including U.S. Attorney Joseph Russoniello of San Francisco, have argued that marijuana dispensaries - even licensed businesses approved by local authorities - are commercial enterprises that violate state as well as federal law and can still be prosecuted under Obama administration policy.

In announcing the new policy in March, Holder did not say how it would apply to defendants already awaiting trial or sentencing after being charged by Bush administration prosecutors. Citing Holder's announcement, Wu asked for a formal Justice Department statement in Lynch's case and was promptly told that Lynch's prosecution, conviction and proposed five-year sentence were consistent with the attorney general's position.

Medical marijuana advocates, who wore green "compassion" buttons in the packed courtroom, had mixed reactions to the sentence, praising Wu for leniency but criticizing the imposition of any prison term.

"This was a guy who tried very hard to do everything by the book, working with the city, getting a business license," said Bruce Mirken of the Marijuana Policy Project. "To treat this man as a criminal, a felony drug dealer feels counter to the spirit of the policy Mr. Holder announced."
 
Did he sell to people without 215 certificates, or was this a federal case?

Federal laws do not recognise medicinal cannabis.

We will win our right to toke, but it is a slow process. We have come far in the last ten years, if not in overall policy, then in public opinion of cannabis, which is where it begins.
 
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