Medical Marijuana Dispenser Found Guilty - Faces 85 Years

[mport1]

I am boiling in rage right now. This is an extremely sad story. Charlie Lynch, the owner of a medical marijuana dispensary in California, has been convicted and faces up to 85 years in jail. Despite the fact that local laws allow the selling of medical marijuana, the Feds came in and raided the dispensary and arrested Charlie.

Watch these videos from Reason.tv on the case:
Background - http://www.youtube.com/watch?v=BkMRjBauvPI
Verdict - http://www.youtube.com/watch?v=xtm8dmr5noo

And here is a print story: http://www.latimes.com/news/local/la-me-pot6-2008aug06,0,516054.story


This non-violent man was helping a lot of people and was within state laws. He even called 5 DEA agents before opening the dispensary to see if it would be alright.

The state is out of control and must be stopped. I want to do something about this but I don't think there is anything that can be done. And if only the jurors would have known about jury nullification (http://fija.org/) maybe he wouldn't have been convicted.


Edit: I was able to find the contact info for the sheriff that invited the raid.

Sheriff Patrick Hedges
(805)781-4550
slosheriff@fixnet.com

[yongrel]

Such bullshit. I've been following this for a while, and it never fails to put me in a terrible mood.

[newyearsrevolution08]

5 year minimum as well I believe

Federal Legal Confusion Yields Conviction
Dispensary Owner Obeyed State and Local Laws but Faces Five Years in Prison
The closely watched federal trial of a California medical marijuana dispensary owner has resulted in guilty verdicts on all counts. Charlie Lynch, 46, faces a minimum of five years in prison, even though he operated his dispensary legally under state law, complied with regulations set by Morro Bay city officials, and contacted federal authorities about his plans.

Charlie Lynch cutting the ribbon on opening day
Lynch, a successful software developer with no prior criminal record, sought and received a business license from the city and was welcomed to the local Chamber of Commerce. Central Coast Compassionate Caregivers was open for 11 months before federal agents raided it on March 29, 2007.

"It is a huge waste of taxpayer resources for the federal government to spend millions of dollars attacking someone who was abiding by local and state law in every respect," said ASA Chief Counsel Joe Elford. "It is shameful and a tragedy for Mr. Lynch and his patients."

Federal medical marijuana trials typically forbid any mention of state or local laws, or even the medical conditions of the patients. But attorneys' for Lynch persuaded the judge to allow limited testimony from the Morro Bay mayor and city attorney, as well as Lynch's own account of attempts he made to operate within the law.

Lynch testified that he called federal authorities on four occasions to find out if he could legally open a dispensary. He claims a DEA agent told him it was up to state and local laws, and he has the phone records to prove that he at least made the call. Lynch's federal public defenders argued that this amounted to a legal assurance, and that the jury should find that any violations of federal law were the result of entrapment.

But the jury foreman told an ASA volunteer that jury was not persuaded by Lynch's contact with the DEA because he could not provide names of the people he spoke with. Lynch's discussed those conversations with an attorney before opening the dispensary, but the attorney was not allowed to testify.

During the week-long trial, Lynch testified that he did everything he could to make sure his activities were within the law. His federal public defenders introduced evidence showing that he maintained scrupulous records and enforced an uncompromising ethical code of conduct for his employees. Federal prosecutors allege that he was concerned only with profits and that some of the patients to whom he sold marijuana were under 21, an offense that carries federal sentencing enhancements.

Lynch attempted to call one of those patients to the stand as a character witness. Owen Beck, a 17-year old bone cancer survivor, appeared in court with his parents, who had always accompanied him on his visits to the dispensary, per city regulations. But after hearing that the marijuana Beck bought was being used on the advice of his Stanford oncologist, Judge George Wu ruled his testimony inadmissible. Beck's father told reporters that Lynch had never asked for or received payment for the cannabis he provided Owen.

Though Lynch was in full compliance with state and local law, the federal investigation against Lynch was supported by San Luis Obispo Sheriff Pat Hedges. Hedges is being sued by a former patient of Lynch's for seizing her medical records in the raid.

Soon after the raid, Lynch reopened his dispensary. The next month, Lynch's landlord was threatened by the DEA with forfeiture of his property unless he evicted Lynch, leading to the dispensary's closure in May 2007.

Lynch was found guilty of conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing marijuana, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21.

Lynch is currently scheduled to be sentenced on October 20. For more on the Lynch case and what you can do about it, see ASA's blog at www.AmericansForSafeAccess.org/Lynchblog

[mport1]

I wish I was in that area so I could organize some protests or something.

[JeNNiF00F00]

This makes my eyes want to bleed. All over a freaking plant!

[orafi]

mary jane, my fair maiden : (

[newyearsrevolution08]

100% bullshit indeed.

I hope once we get the marijuana rights in our country 100% that all of these wrongfully convicted people will be let out. I also hope many of them sue the shit out of EVERYONE. That is one thing I wouldn't care if my tax money went to...

They deserve to get paid for the bullshit they have to go through. Just imagine being in federal prison with killers and rapists and all you did was grow a few too many plants.

[JeNNiF00F00]

Man they did that shit to Celia on Weeds. She didn't stand a chance.

On a serious note, just think about the debt the govt could pay back if they taxed hemp for clothing, food, paper, AND fuel and cannabis for consumption. I guess they make more $$ on arresting people? Sounds like a scam to me!

[mport1]

The DEA all deserve to be in prison. Kidnapping and jailing people who have harmed nobody.

If this doesn't convince those against the drug war, I don't know what will. Sadly this is just one of the countless tragedies of the drug war.

[James Madison]

Such bullshit. I've been following this for a while, and it never fails to put me in a terrible mood.

Even worse is the fact that the government ships all the other illegal drugs in from overseas.:(

[FreedomAndLaw]

On a serious note, just think about the debt the govt could pay back if they taxed hemp for clothing, food, paper, AND fuel and cannabis for consumption. I guess they make more $$ on arresting people? Sounds like a scam to me!

http://www.youtube.com/watch?v=PK-LpOIqYVA

[Dary]

"Cultivating, using and selling doctor-prescribed medical marijuana are allowed in some instances under California law. But they are outlawed entirely under federal law, which supersedes those of the states."

"...the judge ruled that Lynch's reliance on state laws that permitted medical marijuana was irrelevant."

Is it true that federal law supersedes state law?

[FindLiberty]

What happened to the 9th and 10th amendments?

Only the third amendment remains mostly in place. (Don't bother to ask David from Waco, TX)

[JeNNiF00F00]

http://www.youtube.com/watch?v=PK-LpOIqYVA

http://www.youtube.com/watch?v=PybtBKSAtLM&feature=related classic.