366 days for Charles Lynch
We just got word that Charlie Lynch was sentenced to one year and one day in federal prison for providing patients with medical marijuana in accordance with state law.
While the judge in Lynch’s case did depart from the five-year mandatory minimum sentence, it’ll still be an outrage for Charlie to spend even one day behind bars for his acts of compassion – especially given his compliance with state law. This man’s life has already been turned upside down thanks to the mean-spirited county sheriff who ignored state law and called in Bush-era DEA thugs, as well as the unjust law that didn’t allow Charlie to discuss medical marijuana in front of a jury.
Charlie and his attorneys say they plan to appeal, and we hope they succeed. With federal law enforcement at the Mexican border so overwhelmed that traffickers coming through with up to 500 pounds of marijuana are let go, even one more penny spent persecuting a man who is not a criminal in any rational sense of the word is an outrageous waste of resources.
Fortunately, Charlie has been released on bail pending the outcome of his appeal.
Tagged with: California and Charles Lynch and Federal by the author
54 comments
Time to write a polite letter to the President, asking that he pardon Mr. Lynch and return his confiscated property.
http://www.taxcannabis2010.org/
Absolutely send a polite letter requesting a pardon. If memory serves me correctly 366 days makes Charlie eligible for good time. If he were sentenced to 365 days or one year he would have to do one year period. That extra day may take a month off the actual time in prison. This judge even went against mandatory guidelines. That speaks volumes to me. He (the judge) also mentioned state medical marijuana laws a few weeks back. Charlie is a true martyr and this judge knows it.
that bullshit about selling to minors(under 21/over 18)is tough to stomach when reading thru the MSM on Charlies case.
yeah…i agree with the REV…Aaron, can you clear that up for me. Where the underage people that were sold to legal Medical MJ users or was he selling it to people that were in pain, but didnt have a MMJ script? Im really confused cause if he did every thing by the books, then IM GONNA START getting pissed again.
I saw the 20/20 show and I believe he sold to a minor with the parent present and a doctors prescription. I think it helped the child. I’m not sure how they jammed Charlie up. But just like every place else if the man wants you hes gonna get you. Its Tommy Chong all over, and like Tommy said you’ll know when it hapens to you. Freedom for all my ……..
Thanks to all involved in getting a reduced sentence. Thanks also to the good people who bailed him out ASAP. No days in jail. GOOD! That’s the way it should stay.
“until after appeal”…that might take years. This should be taken to the Supreme Court!
Lynch has never been accused of providing marijuana to anyone without a valid physician’s recommendation. However, the feds piled on another charge for furnishing to minors. Under federal law, someone under 21 qualifies as a minor but California law and the Morro Bay regulations allowed adults over 18 to qualify for medical marijuana and obtain it from collectives like Charlie’s.
The vast majority of the “minors” Charlie supplied medical marijuana to were in this range between 18 and 21. A few very ill minors under 18 did rely on Charlie’s collective (under the supervision of their parents). One such person was a 17-year-old bone cancer patient named Owen Beck. 20/20 featured Owen in their coverage of this case. He’s also featured in this great Reason TV episode from last year: http://reason.tv/video/show/413.html
President Obama should commute Charles Lynch’s sentence full stop. Why? Not only is it the right thing to do but it would be a nice beginning to the undoing of decades of federal government overreach when it comes to cannabis.
Did Mexican field workers picking beets in Colorado in the 20’s make cannabis a problem? No.
Did jazz musicians in New Orleans and Harlem in the 30’s and 40’s make cannabis a problem? No.
Did so-called counter culture youth in the 60’s make cannabis a problem? Again, no.
Cannabis became a ‘problem’ when the United States Federal Government decided — entirely erroneously — that it was one. Plain and simple.
President Obama can begin correcting a long known mistake by commuting the sentence of Charles Lynch. And own up to the fact that the United States government, for several decades now, made cannabis a problem where none previously existed. With poll numbers supporting significant change regarding federal cannabis policy, this position should no longer be considered political suicide.
Thanks f. Aaron, myself I was clear on this issue, it just makes me mad when the MSM prints their version according to charges, etc.
I am writting the president. This has to stop! I said no more years ago, and they dont get it. Who’s votes are they counting anyway!?
I think the true criminals here are the people in the jury that convicted him. MY God its time for people of this country to learn to think on thier own.Screw what the judge says!!!!! right is right.If enough juries came back with not guilty verdicts- courts would stop seeing these cases, knowing they are going to loose.
People, if the crime don’t fit its time to equit.
Its a outrage,this guy complys with the law and still is sentenced to do time,what am i missing here?
thedeadone, is right on! If you are ever on a jury never, I said never convict a non violent person of a drug charge.
Many prayers for Charlie Lynch and his family.
I’ve been feeling like lately we’ve been losing steam in our movement, so I just dropped this on the old Prez. It’s a little kiss-asshish, but hey we gotta keep this train movin’.
Dear Mr. President,
I am writing to you because I believe that you are the honest, and intelligent person that I voted for. I am a supporter of Cannabis, or Marijuana legalization. Although I personally would like to see full legalization of this plant, I am also concerned with the safety of people who acquire marijuana legally through the states that have passed compassion laws. Today Charlie Lynch was sentenced to a year in prison, by doing nothing more than following the state laws of California and providing Medical Cannabis to sick patients. I do not understand why this is still happening, and I beg you to clarify your position on Medical Marijuana, and Marijuana legalization.
As stated by the newly appointed head of the ONDCP Gil Kerlikowske, the Federal Government is not at war with the American people, which essentially this senseless war on Marijuana is.
With all due respect Mr. President, I know that you are a man of swift action and I believe that a Non-biased commission to study the effects; social, economic, and health of this plant would give us all the answers and legislation we deserve.
In closing, I am coming to the end of my tenure serving in the United States Navy. I have served this country for the past eight years on our soil, and in the Persian Gulf fixing aircraft electronics that were in direct support for our troops on the ground. I am asking that you take a look at legalization, for Americans, Veterans, for everyone. I have served my country well, and I think I am entitled to the relaxation that can be found in the Marijuana Plant.
Very respectfully,
AT2(AW/SW) William C. Smith
for those who are not familiar with navy rank/rate AT2 is Aviation Electronics Technician 2nd Class ( a seargeant in the Marines) (AW/SW is Enlisted Aviation Warfare Specialist/Enlisted Surface Warfare Specialist).
I figured if I included my rank it might seem like I was more important and this email might actually get read. Who knows?
YEAH – A jury of your peers- Was there even one member of the Medical Marijuana Community on that jury??? Of course not!
It’s called JURY NULLIFICATION. Spread the word. We can judge the law and the judges instructions, if we really feel in our hearts that the law is unjust.
#13-you’re missing the conflict of Federal and State Law (State says ok) Federal says TOTALLY ILLEGAL…STILL…NO MATTER WHAT WE THINK!
Deadone-Charles – Excellent advice!
I am calling for an Ole’ fashion smokeout at least 20,000 strong on the steps of congress!
PROTEST!
thedeadone
That is a nice thought, but the truth is that attorneys interview all potential jurors . The prosecutor will get rid of any juror they think may be biased in the case. So getting a jury to vote someone not guilty on a drug charge is very difficult to do. The prosecutor makes sure of it.
I heard that he sold to people who did not have a medical card, and exceeded the limit to how much marijuana you can have at a time in his house…there fore breaking state law….has anyone else heard about these claims?
I havn’t heard those claims. If it comes from Jesus Christ, then it must be true.
Charlie did everything exactly by the book and never sold to anyone who didn’t have proper documentation, although the DEA sent in shills to try and entrap him. California law allows sick minors to use cannabis with a proper RX and parent signature. This is what happened…a very ill young man of 17 with osteosarcoma was referred to the dispensary by his doctor and obtained his medication properly. He was helped very much and actually spoke out in support of Charlie. Charlie followed state law to the letter. It was the DEA that went after him during the Bush administration.
That’s it America, you’ve broken the back of a perfectly good hearted man. And how many enemies do Americans have in the world due to this same type of law gone mad routine that keeps repeating itself to the amusement of law enforcement. 60% of Americans favor pot, that’s a lot of people to contend with over State legal matters.
You know why the FDA raids medical marijuana dispencerys? They want to smoke it themselfs obviously =)
Let’s channel our anger to legalize marijuana in California.
Visit yes390.org
Pooch the FDA is the Food and Drug Administration, they don’t raid dispensaries. That would be the DEA! They are the thieves your talking about. It’s truly sad that our government is still getting away with their prohibition on cannabis and they are still creating casualties like Charlie that were just trying to help sick and needy patient’s. The government needs to stop interfering with what should always be our sacred right. The relationship between our physician and ourselves and what they as a licensed medical professional recommend we use to treat our personal health issues. The president strikes me as a very educated and enlightened man, I enjoy hearing him speak about hope and change and the American people. I pray that he will be the man to allow our Scientific community to finally be able to fully discover all the wonders this great medicine surely holds in store for man kind. Many tests have already been conducted and our government still attempts to maintain there is no medicinal value in Cannabis and that it’s a schedule 1 narcotic. Let’s not kid ourselves, the scientific community knows cannabis has medical value. The government just bullies them into doing what they want! Think of the possibilities with modern technology if our government embraced it instead of using it as a tool to control and hurt us if we choose to use it as our medicine. I don’t know how we do it but we need cannabis rescheduled down from narcotics like heroin. Seriously it’s absolutely ridiculous that Cannabis is even thought of in that category.
It’s a bit like a parent lying to their child and the child growing up and realizing what the truth really is. Well the people realize we have been lied to our whole lives and were F’in sick of it!
Pardon this man please, with the end of federal raids Obama should stand by his word and pardon this man. I voted for him because of his stance on pot, now he’s acting like a little weenie when the issue comes up. Now is the time to show us Mr. Obama what your made of! Be a man of your word.
Z-Liberator-smoke out? I was at a protest outside the White House about a month ago and was concerned about the appearance of us protesters to those in and around the White House. I thought we might just apppear to be a bunch of stoners. We should let our voices be heard and remembered as the voice of reason and compassion.
AB 390-Channel efforts to legalize, great advice!
Will S. AT2(AW/SW) William C. Smith I’d like to cut and paste from your letter. I’ll change it around a little so it doesn’t appear as a form letter. Hopefully someone will read it.
This is another opportunity, although be it a sad one, to contact our legislators.
Charles Johnson, ABF2 (EAWS), USDOJ Retired
We have more important things to think about that raiding medical marijuana dispensaries. There’s the economy and the stupid war in Iraq for starters.
I’ve said it before and I’ll say it again: single-issue voting. Let your reps and the MSM know you’re a single-issue voter (marijuana legalization), that there are many more people taking up this mantle and are sick of the bullshit. Follow through in elections by only voting for candidates who support legalization. The parasites–I mean politicians–will start paying attention when their sorry asses are out of a job. They will miraculously find a moral compass and political courage. Write a letter or a blog, now.
Dear Mr. President,
I am writing to you because I believe that you are the honest and intelligent person that I voted for. I am a supporter of Cannabis law reform. I am also concerned with the safety of people who acquire marijuana legally through the states that have passed compassion laws. Yesterday Charles C. Lynch was given a federal prison sentence. This American citizen was following the laws of his state providing Medical Cannabis. I do not agree with the enormous efforts put forth to imprison non violent Americans for cannabis. Cannabis is not meth, crack/cocaine or heroin. Please issue an executive order to remove federal penalties for medical cannabis, pardon Charles Lynch and remove cannabis from the list of schedule I narcotics. The main reason for doing this is that “it’s the right thing to do”. As a retired Federal corrections employee, Navy Veteran and state corrections officer I have seen war, violence and death. I saw one of our embassies blown up first hand while deployed over seas, I’ve seen grown men curl up and cry in pain from drug addiction. Sir, I have never seen or heard of a marijuana addict or overdose anywhere in the world. In this new age of reason and world leadership America is taking we should not be committing our citizens to unnecessary prison terms and branding them as criminals. As evidenced by the sentencing of Charles C. Lynch for cannabis crimes it appears the Federal Government is still at war with the American people and insist on asserting authority over states.
Very respectfully,
Charles Johnson, USDOJ Retired / ABF2 (EAWS) USN
NOW IM PISSED. WHY WOULD SOMEONE HAVE TO DO ONE DAY IN JAIL IF THEY FOLLOWED STATE LAW. I SAY CHARLES TAKES IT TO SUPREME COURT. AND IM GONNA CALL THE PRESIDENT, NOT WRITE. IM DONE WRITTING. THEY WILL HEAR MY VOICE. MY WORD. MY LAW. MMJ IS NOT AGAINST CALI LAW, AND IF OBAMA SAYS HE SUPPORTS STATE LAW, THEN WTF CAN HE SAY WHENEVER ASKED TO PARDON CHARLES?
PARDON CHARLES LYNCH! OR ILL VOTE YOUR ASS OUT OF OFFICE AS WELL.
ALSO, SINCE IM PISSED. WHY DONT MPP DO SOME INVESTIGATION ON THIS CASE. FIND OUT HOW MUCH MONEY THE DEA HAD TO USE TO INVESTIGATE CHARLES “illegal” activity, how much court costs were, how much it takes for one day in a cali jail X 366 days, and then let the American people know that this one simple case, where a man follow the laws of the californian voters, VOTERS NOT REPRESENTATIVES, and he still got handed a shit sandwich with a glass of warm piss.
And Pooch, the DEA does raid people to take their pot for resale, along with many many cop shops around the country. About a year ago where i live, the cops busted a big coke dealer, and they took the confiscated coke to a “certified scale” where one of my best friends had to wiegh it. It weight 98 pounds when my friend weighed it, then when it was published in papers, it was only like 50 lbs of coke. where did the other 40-50 pounds go? Back to the streets. For some weird reason, that cop shop now has brand new computers, cars, and even a new Harley. HMMMMMM. nothing suspisious there.
Today is the day to write the President asking that he pardon Charles Lynch.
Charles Lynch is a hero.
Sorry about the sarcastic comments JC @ #20. I don’t want to go to hell. lol
Can our police really wonder why people hate them more and more and no longer trust them? What does it say about a country, especially America, when the people can no longer trust their own government and police? The police are breaking the law as well as the prosecutors and everyone else down the line. They are in clear violation of the tenth amendment of the constitution as well as state law, but that doesn’t matter any more. Where is there a law even written stating that federal law overrides state laws? What in the hell did we fight the civil war for? Wasn’t that over territories now called ’states’ having their OWN rights? Good grief. The DEA are using “police” as a cover to commit their armed robberies. Remember in the movie ‘Super High Me’ when they raided a dispensary, they had a warrant, unsigned, with a locksmith trying to get into the safe? How in the hell do they keep their jobs?! If our DEA is on camera in a movie robbing a dispensary and nothing is being done, our country is F’d. Is there any kind of protest going on in California for this? If I lived there I’d be there in a heartbeat. My thoughts are with him, the DEA ruined the guy’s life. I hope he rebounds when he gets out. They should tell this story for their wife and kids, so they know how much of a fuckin hero they are, pardon my language. Isn’t the most common answer for why someone wants to be a cop is so that they become someone’s hero? Our police have become more crooked than the people they arrest.
The DEA, judge and Obama are the criminals. Obama sits there saying he has two wars to run ( Afgan. and Iraq). Just like the Bush he wants to sit back and let the war against Americans by the government run itself. Obama is letting his evil come out a little more each day. He is just another hypocrite scum unless he stands up like a man and stops this insanity. Why do some of you want to be nice to the scum doing this evil? Banishment to all drug war scum.
In the event of legalization and the subsequent unemployment of scores of police officers, and since jobs are scarce and fought over, what would these unemployed officers be qualified to do? Security jobs? Hah. From my first encounter with these guys at the age of 18, I knew that if it weren’t for the uniforms and the badges, they could only be described as criminals. Not all of them, of course, but the guys that took me down for two seeds (I had already eaten the rest), double felonies, were scumbags. When I went to court, they produced six ounces!! It almost scares me to consider the ramifications of all those cops out there unemployed.
This is ridiculous….it makes me extremely angry to read. Is this REALLY necessary????? Why not do something useful and stop throwing innocent people in prison. I wish Charles Lynch and his family the best over the next year or two
There are ’some’ good pepole in government. Unfortunately we can’t really tell who they are so we can’t trust anyone in government. I knew things would get worse with Obama. Wow cant believe I miss Mr. Bush. Can you say socialist America? I’m not standing for it. Protest people! Its easy to make a sign and talk to people in your community.
I wrote to Charlie and he’s in good spirits and has, as he put it, His “Green Team” on the job. Out on bond with A lot of support. An appeal might take years – that’s good.
But you can write him too. Contact him at http://www.friendsofccl.com There’s no such thing as too much support.
Californian’s tend to believe that we are more enlightened than the rest of America. That the Leaders in America are so totally out of touch with the common man or woman on the street. We are the red headed step child, the laughed at, the Persecuted. The Old and the sick, the complainers and the Stupid. The Government wants to Punish us for living free as our bones will take us. We laugh too much for them. They show us movies about WW2 and tell us that Nazi’s are bad, but I secretly think they liked their uniforms… Is it funny that Our Police and DEA are more like the Nazi’s and the British that kicked down settlement doors dragged people to prison and took their stuff. I am a Veteran, (Army Signal Corps} and I can tell you the People in Power will be Judged by God at His Court and yelling the Law is the Law!!! Heaven will say that is no excuse, I find now however that People are the same all over the world, Unwilling slaves towing the line until they can be free. Praying for God to have Mercy on us because we know our leaders will not. I forgive you Government, for Persecuting me and denying me the freedom to work for the Government, Earn mega millions, and live like a king at others expenses. For keeping me Humble and Poor, Thank you for the school of Hard knocks and the school of life. The sufferings that I have endured will be my diploma at the Pearly Gates. I Forgive you. I know that History and America will not. You will not keep me from the Pearly Gates or my reward. Thank you for Hating me without a just cause. Thank you Jesus!!! My only true Hope!!!
I told every one when I found out more on the CNN coverage that I would post it so here every one it is. Go to http://ac360.blogs.cnn.com/2009/06/13/americas-high-the-case-for-and-against-pot/comment-page-1/#comment-746478
for the update on it also post a comment on there . Look forward to seeing you all on AC360 this Monday at 10pm est.
http://criminaljustice.change.org/actions/view/end_marijuana_prohibition
I am glad to see he didn’t receive the mandatory sentence. I don’t care if he did give it to minors, I mean let’s be realistic we already allow doctors to dispense much harder drugs to young children like Ritalin (aka Speed) without concern.
The feds are shallow when it comes to civil liberties. I am not suprised. And the chicken politicians who still think its political suicide to support marijuana reform are still scared. Why I don’t know. Thats just the way it is for now. Lets put money on his books so he can have a good life in prison. And support him when he gets out. I know its all political bull. But thats the way the machine works for now until things are changed.
Call Schwarzenegger and Obama EVERY DAY. Tell everyone you know to do the same. Make YouTube vids, iReport vids, MySpace posts…
Let’s irritate and inundate them so relentlessly (but politely) that they commute his sentence out of sheer exhaustion.
We’re with you, Charlie!!!
When AC360 is aired to join the live blog here:
http://ac360.blogs.cnn.com/category/live-blog/
It will start at 10pm Est.
^This cop like many are in one of the few growth industry’s. They are enjoying growth due to one thing arresting cannabis users growers ect. They do not seem to mind that people are having their lives destroyed being enslaved in the system. Like our lawmakers in DC they are only interested in making money it is greed that is killing our country!!! Not a herb….
Cherokee Fred Jesus
Why will the FEDS not let you tell the truth in court? Are they afraid they could not maintain their 99% conviction rate if they allowed us to have a fair trial and introduce all the evidence??
CFJ
There’s a minimum waiting period of 5 yrs after the completion of the sentence before you can petition for a presidential pardon. We need to put pressure on someone to drop the charges; I’m just not sure who.
Here is my edited, civilian version of AT2(AW/SW) William C. Smith polite letter:
Dear Mr. President:
You are the honest, intelligent person. I voted for you. I am a supporter of Cannabis, or Marijuana legalization. I am writing you because you are a politician who I believe will do the will of the American people.
I am also concerned with the safety of people who acquire marijuana legally through the states that have passed compassion laws.
Charlie Lynch, owner of a legal medical marijuana dispensary, was sentenced to a year in prison, by doing nothing more than following the state laws of California and providing Medical Cannabis to sick patients. I do not understand why this is still happening, and I beg you to clarify your position on Medical Marijuana, and Marijuana legalization.
With all due respect Mr. President, I know that you are a man of swift action.
I am asking that you legalize marijuana for Americans, Veterans, for everyone. I am entitled to the medicinal benefits that can be found in the Marijuana Plant.
Sincerely,
Here’s the address:
President Obama
1600 Pennsylvania Avenue NW
Washington, D.C. 20500-0004
This may be common knowledge to many, but I haven’t ever heard this stated as a counter-argument against the “gateway drug” critique. But here it is:
The idea that Marij is a gateway drug must be analyzed from two perspectives: that from the side of the drug itself, and that from the side of ‘user psychology’. From the side of the drug itself, this argument makes no sense; there is no way to determine what contents of any ingestible entity can lead a free-willed, rational person to proceed to another ingestible entity. And while there may be perceivable correlations, it is erroneous to take the step from correlation to causation. This means that one must look instead at the ‘user psychology’ perspective.
Now, when this is examined, a very interesting truth comes to light: IF marij is indeed a ‘gateway’ drug, then this attribute – let us call it ‘gateway-ness’ must clearly be connected to its illegality, and here’s why: as a class, “drugs” can be divided into ‘legal’ and ‘illegal’. A person who drinks heavily, smokes cigarettes, or even drinks a great deal of coffee does so with a free conscience; these are, by societal standards, acceptable since they are legal. Now, when one tries marij and has a good experience, one has stepped foot into the ‘illegal’ realm (so to speak), where not only one finds marij but all other ‘illegal’ drugs. The common mentality is a sort of mental looting: now that I’m in this illegal realm, so the thought process goes, I might as well try these others. There is a common tendency within human thought to classify everything beyond a limit as similar insofar as they share the attribute ‘beyond the limit’. Hence, once the limit is crossed, discretion is left behind.
So it is really the fact that marij is ILLEGAL that makes it, if in fact it is, a ‘gateway’ drug. Remove its illegality and relieve it of its ‘illegal pressure’ extending the limit of the illegal further to those drugs (like Heroine) which really are dangerous.
Just a thought.
Leave a Comment