Calif. Judge Asks Fed for Clarification in Medical Marijuana Case

Calif. Judge Asks Fed for Clarification in Medical Marijuana Case
March 25, 2009

News Summary

Sentencing of a California man convicted in a medical-marijuana case has been postponed while the judge seeks guidance from the Department of Justice, the New York Times reported March 23.

Judge George H. Wu said Attorney General Eric H. Holder Jr.'s recent statement that federal authorities would not seek to prosecute medical marijuana dispensaries if the operations complied with state and local laws created confusion about sentencing in the case.

"[Wu] said he needed an explanation, and he needed it from the Department of Justice, not the local prosecutor," said Reuven Cohen, a lawyer for the defendant, Charles Lynch. In August 2008, Lynch was convicted on five counts related to running a dispensary and selling medical marijuana to customers under 21 -- considered minors under federal drug law. Lynch faces a minimum sentence of five years in federal prison.

Thom Mrozek, a spokesman for the U.S. attorney in Los Angeles, said that Lynch also violated state laws by selling marijuana for use by minors. "But this case involves a violation of federal law, and that's really all that matters," Mrozek said.

The sentencing hearing has been postponed until April 30.

COMMENTS ON THIS ARTICLE:

Posted by David Turner on 26 Mar 09 08:36 AM EDT

It is my understanding from White House, congressional, Supreme Court and American Medical Association decisions and statements over the past tow years that not only is marijuana for any purpose illegal under federal law, but it has also been demonstrated ineffective compared to pharmaceuticals already available for those few seeking relief from pain, vision and appetite issues proponents claim to benefit from use of the illegal substance. Legal is legal, and illegal a punishable crime. Proponents of the use of the illegal, whatever their degree or profession not only subjects those they trust them as advocate to legal penalty but is immoral and unethical and should subject the so-called professional to loss of license to practice and other criminal penalties.

Posted by bfromb1p on 26 Mar 09 10:51 AM EDT

This comment above me DISGUST me... From MY UNDERSTANDING, this COURAGEOUS man, was not only providing a COMPASSIONATE SERVICE, but also MANY times DID NOT SELL, but GAVE the sought out medicine to "MINORS" with their parents CONSENT! When is this going to end, and why do we punish other wise LAW ABIDING citizens? The time has come, and the tide is turning. DO NOT misunderstand me. This is not a street level "pusher"; this is a man who was paying TAXES and had the welcome of his own city officials, and his LOCAL ECONOMIC CHAMBER of COMMERCE.

Posted by John from Oceanside on 26 Mar 09 11:30 AM EDT

That Commassionate man sold 200 lbs out the back door and the individual who bought it ran into to a CHP officer and paralyzed him. As for it ending, an opperation on another dispensary happened yesterday Wed. March 26th. No difference folks, when you violate State Law and almost every dispensary violates State Law you are going to be shut down.

Posted by John from Oceanside on 26 Mar 09 11:34 AM EDT

Sorry folks wrong date it was Wed. March 25th the opperation on the dispensary happened.

Posted by Questioning on 26 Mar 09 02:37 PM EDT

While I have no problem believing that the owner of a dispensary did not limit his business to strictly what was legal, I do have a problem with carrying over what this man and his reckless customer have done to the entire idea of medical marijuana and the accompanying dispensaries. Legal is legal, this is not untrue. But saying what is illegal is immoral is not necessarily true. It's legal for a soldier at war to take human lives, but to me, that doesn't make it moral. It's legal to profit in many ways that, to me, are not moral. Marijuana use is not a moral issue at all, to me. Selling it, especially 200 pounds of it at a time, is likely to be done in immoral ways and by immoral people, though. Also, it's my understanding that the 'superior' pharmaceuticals are based on THC in many cases, and have a higher abuse potential than the actual plant matter.

Posted by David Turner on 26 Mar 09 03:04 PM EDT

I believe my comment on "morality" is being misunderstood by "Questioning." Use of the drug marijuana by anybody is simply illegal, not immoral. For a professional health care worker, such as myself (my primary field is group substance abuse) to prescribe, recommend or even suggest the use of an illegal drug, such as marijuana, is both immoral and unethical and should be investigated and punished, where found substantive, by state professional licensing boards. Prescribing or recommending the use of an illicit drug may also constitute a felony, and that should also be considered by “professionals” willing to lose their license. As regards the more effective pharmaceuticals the AMA recommends, it is my understanding that they are referring to drugs in common use for some time, or improved drugs of the legal and non-thc-based variety. As regards the latter, “Questioning” is likely referring to marinol. Along with the illegal plant from which that drug is derived, according to published research marinol is no more effective than its illegal parent in addressing the conditions proponents and other legalization advocates refer to.

Posted by quartermaster on 26 Mar 09 08:47 PM EDT

pharmacutical drugs, the 2nd leading cause of injury death behind cars but ahead of guns

Posted by quartermaster on 26 Mar 09 08:57 PM EDT

and just think they get to stand before Jesus and explain their own evil doings. how they attacked peacful, productive americans under an illegal law. they have their reward in this life

Posted by Anonymous on 27 Mar 09 10:26 AM EDT

David Turner states this lie as fact: "it has also been demonstrated ineffective compared to pharmaceuticals already available for those few seeking relief from pain, vision and appetite issues" - Why lie to hurt those already suffering terribly? Ask anyone in the Hospice community, Mj is far superior to the alternatives.

Posted by stopthehate on 27 Mar 09 10:32 AM EDT

Thank you, quartermaster and bfromb1p, for common sense and compassion. An illegal law that attacks those aiding the meek is evil, and so is defending it.

Posted by John from Oceanside on 27 Mar 09 10:47 AM EDT

I guess there is no compassion for the CHP officer who's life has been forever changed.

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