Charles Lynch Sentenced to 366 Days
June 12th, 2009 by RickCharles Lynch, a scapegoat caught in the crossfires of the continuing war on drugs, was sentenced by Federal Judge George H. Wu to one year and one day in a federal prison on Thursday.
He was convicted last summer of five federal counts connected to running a medical marijuana dispensary and selling medical marijuana to patients under 21 years of age. The truth, if anyone investigated the case was that a sheriff had a wild hair up his ass from the start of Lynch’s business. Watch the video above, you learn who the minor was that Lynch helped with his medical marijuana.
Stephen Gutwillig of the Drug Policy Alliance, said:
That Attorney General Holder changed federal policy three months ago only makes this miscarriage of justice all the more disturbing. Charlie is like a forgotten prisoner of war, abandoned after a truce was declared.
Unfortunately, he’s right. Other medical marijuana dispensaries have been raided since Lynch’s arrest and undoubtedly more will be raided if they do not comply with the new CA state guidelines that claims all for-profit dispensaries must shut down or possibly change into a non-profit. This is done to prevent those individuals that operate such dispensaries to break the link from black market ties and market gaming.
It seems medical marijuana is having an identity crisis lately. It’s been legal in various states now for well over a decade and they are just now starting to fill the loopholes and dictate how it’s to be dispersed as well as who disperses it. More and more states are beginning to consider medial marijuana now, with most of the Northeast having legislation moving through their houses and senates.
Lynch’s lawyer, Reuven Cohen, planned to appeal. Meanwhile, somewhere in America, “Free Charlie Lynch” t-shirts are being printed up so that his memory doesn’t fade and the soldiers in the war on drugs know those who were subsequently left behind.
Sentencing Delayed for Charles Lynch, Again
April 27th, 2009 by Rick
Sentencing for Charles Lynch, who was convicted on five marijuana-related offenses before the new policy change from the Obama Administration took effect, was postponed until June 11th.
Last Wednesday, U.S. District Judge George Wu listened to both sides for more than two hours before rendering his decision. He said he would consider reducing Lynch’s sentence but said he believes he is bound by law to sentence Lynch to at least one year in prison.
Lynch Granted Delay on Sentencing
March 25th, 2009 by RickCharlie 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.
Former Morro Bay Co-op Owner to Be Sentenced
February 26th, 2009 by Perry
Following a dispensary raid nearly two years ago, Charles Lynch is about to be sentenced in a federal courthouse in Los Angeles, CA.
Central Coast Compassion Caregivers’ former owner and operator, Lynch was in front of the courthouse yesterday in an orange jumpsuit and a faux-weed crucifix-like crown in protest.
Sentencing has been postponed until March 23rd at which time Lynch finds out where in the guidelines, between five and 100 years, his sentence will fall. In addition to violations of federal drug laws, Lynch is also being sentenced for maintaining a drug-involved premises, and aiding and abetting the sale of drugs to minors.
Lynch’s security guard was also charged with selling marijuana illegally near the store’s premises. Lynch is currently free on a $400,000 bail.
Judge Denies Appeal from Morro Bay MMJ Operator
January 7th, 2009 by Perry
Charles Lynch, who operated within state guidelines but was recently convicted under federal law for his marijuana dispensary, will not get a new trial. Lynch was convicted on five counts in relation to his operation of the Central Coast Compassionate Caregivers facility, which was raided July 2007.
Lynch was quoted as saying:
These felony convictions are for doing things the state of California and the city of Morro Bay allowed me to do. It doesn’t seem right for me to go through my life as a felon for things I was OK’d to do.
Lynch will be scheduled Feb. 23, but has indicated plans to appeal his sentence as well.
