(Free) Charles Lynch...protest rally at Federal Courthouse. October 6th. 11 A.M.

A posse of protesters are planning a rally down at the Federal Courthouse on Monday, October 6th, to protest the recent conviction of medical marijuana distributor, Charles Lynch.

On August 4, 2008, the jury in the Charles C. Lynch Federal Court case began their deliberations after arduous closing arguments, numerous jury instructions and a taxing two-week trial

Mr. Lynch was found guilty of conspiracy to possess and distribute marijuana, two counts of providing cannabis to adults under the age of 21 years old, possession with intent to distribute and maintaining a drug premises

To some, Mr. Lynch has being unjustly charged with crimes that fly in the face of current State Law.

In his defense, a few have argued that Mr. Lynch followed all his business license requirements, city regulations, county restrictions, and state law.

Notwithstanding, Mr. Lynch's counsel asserted in court that his client contacted the DEA before setting up shop, to determine if his plans fell within the confines of Federal law.

Mr. Lynch alleged that the DEA representative he spoke to waved him off.

"It’s up to cities and counties to handle that [medical marijuana dispensary] matter."

I personally recall reading an article in the morning daily - after-the-fact - that reported the DEA official in question adamantly denied the comments were ever uttered to the defendant, Mr. Lynch.

In fact, if I recall correctly, the DEA Agent insisted that no one at that office would ever make such a wild statement, in view of their vigorous attempts to shut down pot dispensaries in recent months.

It should be noted that in another case this week, a Federal Judge refused to impose prison time on a man who had produced and distributed edible medical cannabis products throughout the state of California.

Despite sentencing guidelines calling for at least two-and-a-half years in jail, U.S. District Court Judge Claudia Wilkin exercised her discretion to sentence Michael Martin, 34, to five years probation, with one year to be served in a halfway house and one year to be served in home confinement.


The dramatic sentence caused the courtroom full of patients and activists to erupt in applause.

However, it should be noted that Mr. Martin did agree to a plea bargain, in view of the fact a stiff sentence appeared to be on the horizon, otherwise.

Faced with the threat of more serious charges and the specter of a Federal Trial in which no information about State Law or medical use could be introduced, Martin pled guilty in Federal Court to manufacturing marijuana edibles and did not contest the government finding of more than four hundred plants seized in a DEA raid in September (2007).

In a speech to the court that had observers in tears, Martin spoke eloquently about why he had acted on behalf of patients, describing the cancer patients he was proud to have helped, the support of his loving family, and how he had only acted on behalf of others, never for profit.

That speech, the enormous volume of letters of support for Martin the judge received, and the lack of any evidence that any edible produced by Mickey was diverted to recreational use, all helped the judge declare that this was a unique case that did not call for a normal sentence, and certainly not the more than three years of federal prison that the law mandates.

Comments from the bench about the tensions between State and Federal laws also made clear that the Judge understood medical cannabis cases to be different from other federal drug cases, and she joined several other members of the federal judiciary in departing from the government's sentencing guidelines.

"The prosecution of good people like Michael Martin, who are trying to give patients the choice of an edible, non-smoked medicine, is a travesty," said Rebecca Saltzman, ASA Chief of Staff.

"The government says smoking is a bad delivery method then prosecutes those who provide an alternative - ridiculous."

The Lynch case differed in some respects.

Although it was argued in court by the defense counsel that Mr. Lynch obtained his license for the dispensary like any law-abiding citizen would - and thereafter acted within the full dictates of the law - the prosecutor and the DEA Agents accused that Mr. Lynch exploited his role as a legal dispensary, sold medical marijuana willy-nilly to underage youths - and quite flagrantly - played up his role as a supplier in a manner that was careless, in question, and not in keeping with State Laws.

Of course, that is a quick sketch of arguments I gleaned in the local press.

I have not researched the issues thoroughly, so I can not take a position one way or the other, in this instant case.

Supporters familiar with the case, on the other hand, have been quite vocal.

Although allegations of wrongdoing were made, the Lynch camp is quite adamant that no evidence was presented in federal court that substantiated the bald-faced allegations.

A representative at Americans for Safe Access - Don Duncan - was inclined to protest the outcome, too.

"Terrible justice. We must protest his sentencing."

Hence, the rally, which is being scheduled for October 6th at the Federal Court House, at 312 N. Spring Street (at Temple) in downtown Los Angeles at 11:00 A.M.

See 'ya there!

Arnold, who's your supplier?