Pubdate: Thu, 26 Mar 2009
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2009 Appeal-Democrat
Contact: 
http://www.appeal-democrat.com/sections/services/forms/editorletter.php
Website: http://www.appeal-democrat.com
Details: http://www.mapinc.org/media/1343
Bookmark: http://mapinc.org/people/Charles+Lynch
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Cited: Americans for Safe Access http://safeaccessnow.org/

MEDICAL POT: WHAT'S NEXT?

Raids Ending, But Charges, Convictions Stay On Books

U.S. District Judge George Wu on Monday postponed sentencing for 
Charles Lynch, operator of a medical marijuana dispensary in Morro 
Bay who had been convicted on federal marijuana distribution charges. 
After all, U.S. Attorney General Eric Holder said last week that the 
Obama administration's policy will be not to conduct raids and 
prosecutions on patients and providers in states with medical marijuana laws.

This is a welcome recognition of the importance of federalism as a 
way of allowing states to conduct policy experiments in our 
constitutional system as well as a more intelligent marshaling of 
limited federal law enforcement resources. But as Judge Wu noted, for 
somebody in his position, it created more questions than answers. 
Lynch has been convicted, but given the new federal policy, what 
should be the appropriate sentence -- the harsh five-year minimum 
prosecutors have recommended, jail time already served, or a 
suspension of sentence? Or would it be best if, in light of the new 
policy and the fact that Lynch has not been sentenced yet, the 
government moved to dismiss the case?

Some dispensary operators have been raided and are presumably still 
under investigation though no charges have been filed. Some have been 
indicted -- perhaps as many as 60 to 80, according to Joseph Elford, 
an attorney for the advocacy group Americans for Safe Access. And 
perhaps two dozen people are already serving time.

Judge Wu's request for advice from the Justice Department rather than 
the local prosecuting attorney will force the department to add 
considerable details to what was a bare-bones statement of intent by 
Mr. Holder. We would suggest that the cases of everybody who has not 
yet gone to prison be dropped unless there is rock-solid proof that a 
provider was really using medical marijuana as a front for 
distribution that would have been illegal under state law. We'd like 
to see the sentences of those serving time commuted, but that might 
be a stretch.

We hope the Justice Department will move quickly and favorably to 
grant Judge Wu's request.
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MAP posted-by: Jay Bergstrom