« Can, should and will district judges start giving effect to proposed amended guidelines ASAP? | Main | Intriguing Ninth Circuit ruling on post-mortem restitution obligations »

May 3, 2010

"'Shifting positions' on medical pot cited in reduced sentence"

The title of this post is the headline of this new item from the "Weed Wars" section of the Sacramento Bee. Here are the details:

One of the most compelling cases pitting California's medical marijuana law vs. federal authority to prosecute medicinal pot unfolded in the coastal town of Morro Bay. There, Charles Lynch opened a marijuana dispensary called Central Coast Compassionate Caregivers in early 2006. The mayor, City Council members and officials from the local chamber of commerce came out for the ribbon-cutting.

But in 2007, at the behest of the San Luis Obispo County Sheriff's Department, federal drug agents raided the dispensary. Lynch was arrested on five felony counts, including conspiracy to distribute marijuana and providing marijuana to person under 21.

In 2008, Lynch was convicted on all counts and sentenced to five years in federal prison. But last week, in a sentencing memo affirming an his earlier decision to cut Lynch's sentence to one year and one day, U.S. District Judge George H. Wu signaled that federal attitudes have changed on medical marijuana. He wrote: "Individuals such as Lynch are caught in the middle of the shifting positions of governmental authority."

Notably, the judge also said he believed that marijuana should be downgraded from its current federal status as a Schedule 1 drug - an illegal substance with no accepted medical use....

In reducing Lynch's sentence, Judge Wu cited a less antagonistic approach toward state-allowed medical marijuana by the Obama administration and Attorney General Eric Holder than under the Bush administration and former Attorney General Alberto Gonzales.

He also said Lynch's case "falls outside of the heartland of typical marijuana distribution cases." He noted that the dispensary operator had no criminal record and "the objective of the distribution was...to provide the marijuana for therapeutic reasons to persons with diagnosed medical needs pursuant to California state laws."

The ruling was hailed by Joe Elford, chief counsel for Americans for Safe Access, who had argued for leniency for Lynch.  "Judge Wu's sentencing order...begs the question of why the federal government is still prosecuting medical marijuana cases," Elford said in a statement.

The full text of Judge Wu's sentencing ruling in Lynch runs 41 pages and is available at this link.  In addition, this press release from Americans for Safe Access provides more information and backstory concerning the ruling.

May 3, 2010 at 02:47 PM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference "'Shifting positions' on medical pot cited in reduced sentence":


Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB