tfs

Charlie Lynch was granted a delay until April 30th, when Federal Judge George H. Wu on Monday, postponed his sentencing for the conviction of running a medical marijuana dispensary. This move came after last week, when Attorney General Eric H. Holder Jr. said that federal authorities would not seek to prosecute medical marijuana dispensaries if the operations complied with state and local laws. The Judge asked the Department of Justice to clarify its revised position on such cases, a departure from the Bush administration policy that federal narcotics laws complied.

What makes this case so jaw-dropping unbelievable is the fact that since Charlie Lynch was hauled into a Federal court, Lynch’s lawyers could not mention the state law that permits the use of medical marijuana or mention the numerous people that the dispensary helped. Around 30 pounds was seized, his house and business were raided by more men that what it took to take out Pablo Escobar and there were reports that he could face up to 100 years! At the very minimum he faces up to 5 years in a federal prison.

When 20/20 reported this story, they said that Charlie Lynch and his medical marijuana dispensary were operating within the state laws. In fact, prior to opening his dispensary he obtained a business license and joined the Chamber of Commerce. The Mayor was at the ribbon cutting ceremony. If the case was really looked at you would see that Charlie Lynch was the subject of a witch hunt led by San Luis Obispo County Sheriff Pat Hedges. Since day one of Lynch’s ribbon cutting ceremony, the Sheriff department had staked out the business. Prior to targeting Lynch’s facility — Hedges was known to speak out about medical marijuana dispensaries during the public meetings.

According to Lynch’s lawyer, John Littrell:

They sent in undercover sheriff’s deputies to go encourage Charlie to break the federal law. In every case, what they found was that his employees always verified doctor’s recommendations. No one could manage to get anybody, Charlie or anyone that Charlie was working with, to dispense marijuana in a way that violated state law.

After a year, the Sheriff’s department turned over information to the DEA that Charlie Lynch was selling marijuana. Although Medical Marijuana is legal in California, federal law classifies marijuana as a Schedule 1 narcotic – the same as heroin.

Another of Lynch’s Lawyers, Reuven Cohen, stated:

Under federal law, marijuana is a more serious narcotic than crack cocaine.

What’s curious is that the NY Times article reports that Charlie Lynch’s medical marijuana dispensary was not in compliance with state law, because minors were sold medical marijuana. Nowhere was that mentioned in the 20/20 report where this story first originated. So which is it? One news media source says he was in full compliance and another media source says that he was selling to minors. Where did this charge come from? Was it added by the local prosecutor in order to justify in targeting and arresting Charlie Lynch in the first place?

It’s good to see a Federal Judge not afraid to contact the powers that be and ask them just what the hell they are supposed to do now that the policy has shifted. Charlie Lynch’s case will no doubt set the precidence for all the others that are being tried or have already been tried. Thom Mrozek, a spokesman for the United States attorney in Los Angeles, said that he could not comment on the specifics of the request by Judge George H. Wu, but that prosecutors “do believe that Mr. Lynch violated state law.” If he violated state law then why was he tried in a Federal court?

The 30 pounds of marijuana that was seized is nothing compared to the amount of marijuana that is illegally trafficked by actual criminal organizations throughout California. Just once I’d like to see a news report talking about the bust of one of these types of organizations… ones that also deal harder drugs and pills — true narcotics… ones that leave dead bodies in the streets or uses violence to move their product… the ones that the local law enforcement or federal government just can’t seem to infiltrate and bring down.