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Charles Lynch Sentenced

Federal judge sentences medical marijuana dispensary owner to a year and a day.

Thu, Jun 11, 2009 5:20 pm


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Charles Lynch, owner of the Central Coast Compassionate Caregivers medical marijuana dispensary in Morro Bay, was sentenced today to one year and one day in prison. Lynch’s sentencing came after a lengthy delay during which U.S. District Court Judge George Wu sought clarification from the Attorney General’s office regarding what – if any – impact the Obama administration’s new policy regarding medical marijuana would have on the case.

 

Earlier this year, Attorney General Eric Holder announced the administration’s plan to respect state medical marijuana laws by only targeting marijuana distributors who violate both federal and state law.

 

Lynch was convicted of five marijuana-related offenses in 2008, yet his attorneys and supporters remained hopeful the policy shift would affect his sentence. However, the Justice Department responded by stating that Lynch’s conviction was “entirely consistent with the policies of (the department) and with public statements made by the attorney general.” Thus, Charles Lynch faced a mandatory minimum five-year sentence and up to 20 years in federal prison.

 

Today Judge Wu found that the case called for an exception to the mandatory minimum guideline and sentenced the 47-year-old Lynch to one year and one day in prison.

 

However, according to Reason.tv’s Ted Balaker who was at the courthouse in Los Angeles, “Lynch is free pending appeal and his lawyers … seem extremely happy and relieved with the sentence and are convinced they will knock it down much lower and that Lynch will not be in prison anytime soon.”

 

Lynch was convicted last summer of violating federal law – prior to the Obama administration’s policy shift. His attorneys were unable to introduce evidence of Mr. Lynch’s legitimate and often altruistic business practices – which aided chronically ill patients – due to the Supreme Court’s 2001 ruling “that medical necessity is not a defense to manufacturing and distributing marijuana."

 

The Marijuana Policy Project has condemned Mr. Lynch’s sentence as “a cruel and pointless miscarriage of justice.” The MPP also points out, “Lynch’s medical marijuana collective was licensed by the city of Morro Bay, and officials routinely inspected the facility to monitor compliance with state and local laws.”

 

Mr. Lynch’s case has taken on significance as it proved a lighting rod for debate, first over the disparity between state and federal law, and then again over the influence of the Obama administration’s new medical marijuana policy.

 

More Charles Lynch    



» add a comment

Zero G

Aug 6 2009, 6:23 pm

HE will not serve a year THIS WILL GET VERY CIVILY disobediant.. YOU think pro-choice yokels are rabid wait till we all RISE UP!!!!!!!!!!!!!!!!!!!!!!

Heyo

Jul 20 2009, 4:02 am

Props to all the people thinking green. Not just the color, but the message inbetween

treehunger

Jul 12 2009, 4:13 am

didn't think the girls came on this side.
Yes, very hopeful, and slightly impatient.

treehugger

Jul 8 2009, 10:24 pm

Miss Blaze - ytbd, but hopeful.

treehugger

Jul 4 2009, 7:12 am

Lynch - open up another one before you go in, I'll come out and grow for you!

treehugger

Jul 2 2009, 5:06 pm

LandO'Slaves - "wished there was a way to turn things around peacefully...and start flexing our true power, protests aren't going to cut it, speeches, rallies, letters to elected officials.....all of that won't do a damn thing.

How do you think we got where we are? Legislation. Now we just have to unlegislate it. But the type you're looking for - don't exist in your generation.

The Chicago 7 was the last time I was impressed, and I was only 6! But if not for them, and Lennon, and George Carlin and the like I may not have plead guilty @ 18, no college, no career, and no big-dollar-taxes being paid in.

Great plan America, incarcerate all of your future engineers, doctors, architects, cosmologists, futurists. India and China are exporting billions. Put us away for life. Cut off your hand to spite your "moral majoritive sensiblity's". Meanwhile, millions more starve cuz they're growing high fructose corn syrup for us? And you try and patent a plant you've banned globally? Wow! Globalization.

"...we out number law enforcement 500-to-1" that might cover the military, but not the police, sheriffs, state troopers, National Guard, Coast Guard (they're busy cleaning beaches) and the DEA/FED types.

We're almost there. Can't you feel the frenzy? Cops even seem a little nervous. 1/3 of the states friendly? You only need 1/3 more, and the entire planet will back your revolution if they fail to act.

treehugger

Jul 2 2009, 4:05 pm

bongman - Well, you started it, so...

to: Ultimale - while the grammar was difficult to navigate, sentence structure non-existent, it was readable, albeit verbose and yet empty at-the-same-time.

The first three paragraphs summarized without your surmises - complacency breeds ignorance, and the path of least resistence is often the most traveled.

"Legalize all drugs"? - You can't be serious? I have a better idea - replace them all with pot!


"Let businesses that f*ck up fail" - and allow another 20 million employees to lose their jobs? Because irresposible legislation, and non-existent fiduciary ethics for 30 years, has "legally" created their environment?

"Tax the rich with very high taxes. I don't care if this is socialism" Socialism taxes everyone equally, no excuses, no 6' thick books of loop-holes, and is known and hated for being more compassionate to the less fortunate. Can I take my "social security" and move to Canada or Holland? I give up on this place.

"Watch a TV show like Ryal Pains to see how obscenely rich some people are- emphasis on the obscene". - Been happenin for MILLENIA! Why do you think they oulawed usery? Why do you think we legalized it? Globalized it? The same reason Bin Laden attacked us.

"I am going to assume that people who come to this website our probably teens and 20 something year olds" - Easily discerned, as they no grammatical skills, remove the 'shift' and 'period' and most of the vowel keys from their keyboards, while blasting people who type in all caps? Yes, that's very mature, tolerant behavior. I can see why Congress should be more tolerant of our wishes much better now...

"We are a people that is too scared and stupid to ever be free again. Its funny that whenever I write one of these comments with ideas to better the world, they always end as a eulogy" - Well, I had a difficult time finding ANY ideas, so I will not be writing Obama today. But he gets all of my ideas direct, as do the useless legislators in FL, WEEKLY.

treehugger

Jul 2 2009, 3:24 pm

Justice??? - Clearly, you should've typed trillion, not billion. Billions went out in the 80's.

You're looking at 175 trillion just to replace the power grid. Plus, 1/2 the bridges, dams, sewer and water mains, roads, schools, airports. Infrastructure alone - about 500 trillion. And people cry when they spend a few billion?

Land of the Slave

Jun 29 2009, 6:30 am

I wished there was a way to turn things around peacefully and open the eyes of the unawakened. Things like this are only going to continue until the masses of We The People take to the street and start flexing our true power, protests aren't going to cut it, speeches, rallies, letters to elected officials.....all of that won't do a damn thing. Governments that act tyrannical tend to only change when the people rise up with an upheaval and throw them out.

But, no one these days wants to get physical, no one wants to make any sacrifice that might mean getting hurt or even dying. This nation isn't free, we don't have true liberty, there is so much damn regulation, taxation, corruption,24/7 news propaganda,misleading, manipulation, ect. to the people that its waaaay over due for a Revolution and taking the country back, we out number law enforcement 500-to-1, and that's a conservative number, we're going to get into a confrontation with the Govt. the way they keep pushing and laying down more and more oppressiveness, they want a Brave New World and a 1984 style super technocracy super police state, that's not what the Founding Fathers intended.

jordon*db*

Jun 26 2009, 1:24 pm

so this fucked you thing that is known as a gov. tells us its ok to grow and all this shit, but then we do it adn we get fucked for it. i dont get it. i mean what else do we have to loose anymore. we have not much hope left why not at least give it a shot and legalize it not legalies anymore. i stand by the plant i trully believe alot could be solved by at least the legalization of it. who are we to control the work of nature, and we wonder why our worl is goign to shit. we are humans, to live and use this earth for our needs and to live, not to control and make it ours how we want to see it. we control the growth of a fucking plant?

me

Jun 25 2009, 1:43 pm

It may be time for a violent overthrow!

Miss Blaze

Jun 16 2009, 11:02 pm

Well, at least Obama's policies have made an effect. There shouldn't be anymore raids by the Feds in places like Cali were legitimate medical marijuana is produced and sold. It's sad to think that one can go to prison nowadays just for growing/smoking/selling a plant that is natural here on Earth.
I am hopefull that the US and Canada will soon come to their senses and at least decriminalize weed. So many tax dollars go to keeping innocent people in jail for marijuana related 'crimes'.
:( It's time for Change!!!!

Miss Blaze
Miss High Times

Congress is requesting

Jun 14 2009, 5:58 pm

Since congress has formally requested that the Department of Justice
"clarify" the new medical marijuana policy,maybe we will get some idea of what kind of hoops we have to roll the wheel chairs and gurneys through to produce and distribute the medicine and meet federal requirements.
And,it may provide Mr. Lynch some leverage in his appeal.
It only took 4 months for congress to ask,let's see how long we have to wait for the answer.

Justice???

Jun 14 2009, 5:49 pm

Wall Street and the insurance companies with banking assistance blew
a 140 billion dollar hole in our economy,and we gave them more money to do it again. They need to try the same thing with Mr Lynch and give him more product to sale,especially since he was an entrepreneur and making money,like any good capitalist should. An
example of exactly what our leaders say is the strength of America.
fuck em,grow your own

Unko Bob

Jun 13 2009, 9:22 pm

Aloha,
Bob Marley beach slippers and flip flops have arrived for summer, we have two styles the Islander and the rasta sole, the islander is available in two solid colors, black or blue these beach slippers are oversized extra wide, extra thick, and extra comfortable, the rasta sole has the rasta colors right in the soles, send me a email and order your size while they last, they are $ 25.00. each + $ 5.00 s&h, free shipping on orders of 3 or more, U.S.P.S. Priority mail. Sizes 6 - 13 m&f email me Aloha@UnkoBob.com

lol

Jun 13 2009, 4:53 pm

Wow only in america a murder will get out of jail early and a weed smoker get a longer sentance.

In michigan they are closing 8 prisons. They should let out pot smokers first but its not that way. They would rather let out a violent criminal

bongbarian

Jun 13 2009, 12:34 pm

nice post Ultimate, right on except there are a few more older people here than you think, I believe. Every one of you can tell them what assholes they are, & each will be disregarded for your delivery & even regress the situation as they will say "see how pot effects them". Just start ripping out the facts, exploiting the ignorance & speak up because our generations mantra of "DONT TALK RELEGION & POLITICS" has led to an extremely harmful result.

ps. Push INTEGRITY- start w/Fiscal Integrity, & go from there- its been lost, find it & many win.

day vid letter men

Jun 12 2009, 8:47 pm

people are programmed by tv, they won't wake up unless they're in the street and cannot afford to continue their programming. through the content on tv they are fed instructions on how to act, dress, eat, this type of mind control goes back to Plato's words, if not earlier.

cannabis sativa afghanica

Jun 12 2009, 6:24 pm

same scum bag government where scum bag brains are running shit

unforgivable

Jun 12 2009, 5:09 pm

this is bull shit people need to start realizing that the government is making so much god damn money off of marijuana being illegal and that is the ONLY reason it is illegal. It has been PROVEN that Marijuana is MUCH less harmful than alcohol and cigarettes so why else would it be illegal? think about it.

Token Timmy

Jun 12 2009, 4:52 pm

Very sad story. I feel bad for Charlie and his family. All this man was doing was trying to help patients deal with their problem.

However, I'm sure the prosecutor and the judge were getting kickbacks to sentence this DANGEROUS MAN...LOL!

Ultimale

Jun 12 2009, 1:01 pm

Land of the free my ass. I am so tired of hearing that tired phrase. How are we anymore free than other so called 1st world nations? I suppose in comparison to dictatorships, we should count our blessings, but living in America offers no greater privileges than living in Europe- Except we get to choose our own bankrupting form of healthcare! Hooray!

America needs to wake the f*ck up. The rich are gutting us, the politicians that are supposed to play the part of referee only seem to call fowl when they see someone owning a legitimate medical marijuana facility as opposed to running a pharmaceutical company.

The sad thing is, I never considered myself to be a genius, but I can see all the things that are wrong with the world and the simple ways to solve them, but people are afraid of change. People would rather sleep walk into oblivion with what is already familiar to them than try something new that might save them.

Legalize all drugs, punish the crimes that may come from the use of them, like stealing, murder and the like- but there is no reason why drugs can't be treated similar to alcohol. Or cigarettes, with new legislation that makes makes poison less poisonous.

Let businesses that f*ck up fail. New companies, with new visions will take their place. Thats what history has proven if anyone ever read a history book.

Tax the rich with very high taxes. I don't care if this is socialism. Watch a TV show like Ryal Pains to see how obscenely rich some people are- emphasis on the obscene. There are people who make 50 times more in a year than a person makes in their whole lifetime. i don't care what profession you are in or what skills you have- no one is worth that much. And it is a zero-sum game- in the respect that in order to pay someone 50 Million dollars a year, those are millions NOT going to the middle and lower class, or to new jobs.

I am going to assume that people who come to this website our probably teens and 20 something year olds. I would say that we need to do something, to fight this... but, there is no hope. The govt is too powerful. Nobody wants to go to jail, and if you do anything in today's world, they will find you. The govt played a perfect game, took money of education to keep the people dumb, emphasized a threat to scare people into submission and give up their rights.

We are a people that is too scared and stupid to ever be free again. Its funny that whenever I write one of these comments with ideas to better the world, they always end as a eulogy.

Listen to Green Day's 21st Century Breakdown- they hit the proper tone.

??

Jun 12 2009, 12:03 pm

I find it fascinating that these big medical marijuana cases (Lynch, Emery) that were brought about by the Bush administration are being blamed on Obama. True, the department of justice could have come out and said our new policy is retroactive and affects every previous conviction but I can't help believing that Obama is thinking long term.

When a legit dispensary owner is arrested, tried, convicted and sentenced under the new administration, then we can blame Obama. Right now we're just seeing the previous administration's cruel idiocy playing out.

gstlab3

Jun 12 2009, 11:47 am

GO AHEAD AND SPEND THAT MONEY YOU DUMB ASS PROHIBITIONISTS!! YOU WILL SPEND ALL THE MONEY THIS MAN PAID YOU IN TAXES AND BUISNESS LICENCING AND RENT TO PUT HIM IN JAIL??!! GO AHEAD AND YOU DID TO WHAT END??!! AN APPEAL!!! YEAH! THAT IS GOING TO COST THE TAXPAYERS EVEN MORE MONEY AND CLOG THE COURTS UP SOME MORE!!!! DUMB IS DUMB DOES!! SPEND US INTO OBLIVION YOU POLICE STATE LACKIES AND STOOGES! GO AHEAD AND SPEND SPEND SPEND TO THE END!! THEY WILL PRINT YOU SOME MORE FIAT MONIES TO FURTHER YOUR POLITICAL CAREERS AND TO ENSLAVE OUR MINDS WITH THIS SENSELESS WAR!! GO AHEAD AND SPEND YOUR BANKRUPT STATE INTO OBLIVION!!!! FREEDOM WILL PREVAIL!!!

disappointed

Jun 12 2009, 4:59 am

We are all Extremely disappointed in you, Mr. Obama.

umm

Jun 12 2009, 1:00 am

Alright CNN !!!

Hope Cnn is pro freedom of choice for adults - you know, freedom of our constitutional rights, you know that little thing. :)

fred and dino red eyed

Jun 11 2009, 11:07 pm

"NEXT WEEK: ‘America’s High’

Can the U.S. afford to make pot legal? Can we afford not to? We’re keeping them honest on both sides of the argument. All next week, 10 ET"
http://ac360.blogs.cnn.com/

FUCK YEAH, *ALL* NEXT WEEK!

No baldwins on the show, please.. SPREAD THE WORD!!!!!!!!!!

CNN'S GONNA HAVE A SHOW ON THE ISSUE OF LEGALIZATION *ALL* *NEXT* *WEEK*!

...

Jun 11 2009, 9:36 pm

its only a matter of time before the crusty and dusty old politicians and prohibition advocates simply die off, leaving only a populus enlightend to the truth kept frum us about weed. they throw us in jail but we have more time left LOL sux for u bitches.

bongbarian

Jun 11 2009, 8:30 pm

A federal judge jumping the guidlines for a downward departure on a manditory min.. Highly Unusual- countless people(many kids) got fucked by the federal manditory bombs- nickel, dime, 20, 30, life; and the judges inability to deviate from handing them out. Yes its bs, but it is a good sign.

kyle

Jun 11 2009, 7:18 pm

http://www.taxcannabis2010.org/

they say

Jun 11 2009, 7:12 pm

america is a free country, well its not so "Free" when your doing nothing but good, and your community supports you and ur put behind bars because of what the "government thinks" when the goverment is a few hundred people, almost non of wich are up to date with what people actualy want, their not representing the people they are representing themselves and their own opinions to suit themselves, free hardly cant be free when your behind bars or held down against your will now can you

proof

Jun 11 2009, 7:08 pm

This just proves that the change of policy is a verbal one only,
with no real change.

*

Jun 11 2009, 6:24 pm

This guy legitimately thought he was operating legally based on his state's law. The mayor and city officials were all on board with his dispensary (and, let's not forget, he was actually helping people). It'd be a real shame if he spent even one day in prison.

Free Charlie Lynch

anonymous

Jun 11 2009, 5:37 pm

Go Charles! Stick it to the man!

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