Los Angeles, CA — Federal District Court Judge George H. Wu issued a
41-page written sentencing order yesterday, stating that medical
marijuana provider Charles C. Lynch was “caught in the middle of the
shifting positions” on the issue and that, “Much of the problems could
be ameliorated…by the reclassification of marijuana from Schedule I.”
Lynch gained notoriety as a federal medical marijuana defendant, who was
prosecuted and convicted in 2008, under the Bush Administration, then
sentenced after President Obama signaled a change in federal enforcement
policy.
Judge Wu’s call for the reclassification of marijuana comes as the Drug
Enforcement Administration (DEA) is considering a petition, filed in
2002 by the Coalition for Rescheduling Cannabis. After a years-long
review by the Department of Health and Human Services, the petition was
recently sent to DEA, the final stage of the process. Acting DEA
Administrator Michele Leonhart, who still must be confirmed by the U.S.
Senate, has the authority to grant or deny the rescheduling petition.
“Yet another federal judge has called on the government to reconsider
the current status of marijuana as a dangerous drug with no medical
value,” said Joe Elford, Chief Counsel with Americans for Safe Access,
the country’s largest medical marijuana advocacy organization. “Judge
Wu’s sentencing order also begs the question of why the federal
government is still prosecuting medical marijuana cases.” Elford argued
before Judge Wu last year that Lynch should be shown leniency as no
state laws had been violated.
It has been more than ten months since Judge Wu sentenced Lynch to one
year and a day, and four years of supervised release, despite the 5-year
mandatory minimum being sought by the Justice Department. Four months
after the June 11th sentencing hearing, the Justice Department issued a
directive in October to U.S. Attorneys, discouraging them from arresting
and prosecuting medical marijuana patients and providers. Lynch remains
released on bail pending his appeal, but cannot use medical marijuana
according to the terms of his release.
Before his medical marijuana dispensary was raided by Drug Enforcement
Administration (DEA) agents in March of 2007, Lynch had operated for 11
months without incident, and with the blessing of the Morro Bay City
Council, the local Chamber of Commerce, and other community members. Two
months after Lynch closed his dispensary, Central Coast Compassionate
Caregivers, he was indicted and charged with conspiracy to possess and
possession with intent to distribute marijuana and concentrated
cannabis, manufacturing more than 100 plants, knowingly maintaining a
drug premises, and sales of marijuana to a person under the age of 21.
None of the federal charges Lynch was convicted of constituted
violations of local or state law.
Currently, patients and providers are prevented from using a medical
necessity or a state law defense in federal court. The Justice
Department policy has failed to deter the prosecution of more than two
dozen pending federal cases. In response, ASA is advocating for the
passage of Congressional legislation — HR 3939, the Truth in Trials Act
— which would give state law-compliant defendants a fighting chance in
federal court.
Further information:
Federal Judge George Wu’s Sentencing Order:
https://AmericansForSafeAccess.org/downloads/Lynch_Sentencing_Order.pdf
Friends of Charles C. Lynch website: https://www.friendsofccl.com
# # #
With over 50,000 active members in more than 40 states, Americans for
Safe Access (ASA) is the largest national member-based organization of
patients, medical professionals, scientists and concerned citizens
promoting safe and legal access to cannabis for therapeutic use and
research. ASA works to overcome political and legal barriers by creating
policies that improve access to medical cannabis for patients and
researchers through legislation, education, litigation, grassroots
actions, advocacy and services for patients and the caregivers.
—
Kris Hermes
Media Specialist
Americans for Safe Access
www.SafeAccessNow.org
1322 Webster Street, Suite 402
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris@SafeAccessNow.org
Americans for Safe Access (ASA) is the largest
national member-based organization of patients,
medical professionals, scientists and concerned
citizens promoting safe and legal access to
cannabis for therapeutic use and research.
