May 3, 2010
**‘Shifting positions’ on medical pot cited in reduced sentence **
One of the most compelling cases pitting California’s medical marijuana law vs. federal authority to prosecute medicinal pot unfolded in the coastal town of Morro Bay.
There, Charles Lynch opened a marijuana dispensary called Central Coast Compassionate Caregivers in early 2006. The mayor, City Council members and officials from the local chamber of commerce came out for the ribbon-cutting.
But in 2007, at the behest of the San Luis Obispo County Sheriff’s Department, federal drug agents raided the dispensary. Lynch was arrested on five felony counts, including conspiracy to distribute marijuana and providing marijuana to person under 21.
In 2008, Lynch was convicted on all counts and sentenced to five years in federal prison.
But last week, in a sentencing memo affirming an his earlier decision to cut Lynch’s sentence to one year and one day, U.S. District Judge George H. Wu signaled that federal attitudes have changed on medical marijuana. He wrote: “Individuals such as Lynch are caught in the middle of the shifting positions of governmental authority.”
. . .
He also said Lynch’s case “falls outside of the heartland of typical marijuana distribution cases.” He noted that the dispensary operator had no criminal record and “the objective of the distribution was…to provide the marijuana for therapeutic reasons to persons with diagnosed medical needs pursuant to California state laws.”
. . .
For more on the saga, view the 2008 Reason.tv report below.