Over the past year, I have been reporting on medical marijuana issues that have been bouncing around the State from the staid chambers of a half-a-dozen City Council Town Halls to the front steps of DEA headquarters in downtown Los Angeles.
On occasion, courts with jurisdiction over criminal proceedings arising from drug busts, have also been forced to grapple with the controversial subject of citizen-owned "pot dispensaries" and the subsequent distribution of medical marijuana pursuant to an initiative passed by California voters a scant few years ago.
Even President Barack Obama got into the fray recently when supporters of Medical Marijuana petitioned the oval office to recognize California State laws (and the will of the people) - and likewise - put an end to para-military-style raids on pot dispensaries by the DEA.
In the interim, Charles Lynch - an outspoken advocate of Medical Marijuana who ran a pot dispensary in Morro Bay - was busted by the DEA and charged with the crime of selling and distributing an illegal controlled substance pursuant to Federal law.At the trial, which I covered, Lynch's counsel argued rigorously in his defense, to no avail.
The court was more inclined to rule in favor of the prosecutor who painted Mr. Lynch as a loose cannon who exalted his role as a supplier of medical marijuana, was prone to flash wads of cash to impress girls and impressionable locals - and likewise - allegedly acted irresponsibly by selling the "illegal controlled substance" to underage teens at whim.
Charles Lynch trial
Post: 10/02/08
http://ijulian.blogspot.com/2008/10/free-charles-lynchprotest-rally-at.html
On the heels of his conviction, there was a public outcry from friends, supporters, and medical marijuana advocates who lamented to anyone within earshot that justice had not prevailed.
Subsequently, at the sentencing hearing yesterday afternoon, there was a big show of support.
It was noted for the record only one complaint had been filed against Lynch in the past.
When it was revealed that the disgruntled resident lodged it on the grounds that the product Lynch was selling was of poor quality, observers in the gallery were inclined to laugh out loud.
Bad business ethic, but surely not a crime in a State that voted in the legalization of medical marijuana, eh?
An "Americans for Safe Access" spokesperson, Don Duncan, described the hearing this way:
"The courtroom was filled to capacity for the proceedings - including extra federal marshals on hand to monitor the unusually large crowd. Observers listened to more than two hours of testimony from key players in the case. Owen Beck, the eighteen-year-old amputee and legal patient to whom Lynch provided cannabis, asked the judge for leniency in a heartfelt statement. The judge also heard from Lynch's brother and the Mayor and City Attorney from Morro Bay where Lynch operated Central Coast Compassionate Caregivers with the city's blessing until march of 2007."
The issue of whether or not Lynch believed his conduct was legal under state law will influence the decision of the Jurist presiding over the case (Judge Wu) when the matter concludes next month on June 11th (2009).
In court yesterday, Wu appeared to be leaning towards a lighter sentence rather than the applicable 5-year mandatory sentence prescribed by Federal law.
The Judge promised to review the precedent cited by a Joe Elford case and the guidelines for medical cannabis he helped to craft with the California Attorney General last year.
Stay tuned as this landmark case winds to a close in the near future.
No comments:
Post a Comment