In a severely disappointing move, the Department of Justice (DOJ)  issued a memo last week stating that the federal arrest and prosecution of California medical marijuana provider Charles C. Lynch was “entirely consistent” with its new policy on medical marijuana.

Charlie’s sentencing had been delayed so that the DOJ could weigh in after Attorney General Eric Holder’s announcement that prosecutorial discretion will be used to focus solely on marijuana cases with alleged violations of both state and federal law. The short letter from U.S. Attorney Thomas P. O’Brien and the accompanying DOJ memo didn’t explain how they came to this conclusion. 

By all credible accounts, Charlie and his collective – Central Coast Compassionate Caregivers (CCCC) – did everything in compliance with state law, and Charlie was only tried and convicted under federal law. 

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Yesterday, the federal sentencing of medical marijuana provider Charles C. Lynch was postponed until at least April 30. Judge George H. Wu held off sentencing in order to give the prosecution time to provide him with a written copy of the new Department of Justice policy on medical marijuana.

In what might be a positive development for Charlie and supporters of medical marijuana, Wu said that the policy change could impact his sentencing decision.

According to reports from folks in the courtroom, the prosecution fought hard to urge the judge to impose a mandatory minimum five-year sentence.

Watch Reason TV’s coverage of the press conference that followed yesterday’s decision:

Today, I’ve been doing a lot of thinking about Charles C. Lynch – a man who you must have already heard about here or in any number of news stories about his case. Charlie is one of the last victims of George Bush’s war on medical marijuana.

This is a man who complied with every state and local medical marijuana law and was even told by federal officials that they would leave him alone so long as he complied with these statutes. What Charlie didn’t expect was for a rogue county sheriff to call in the DEA to arrest and prosecute him under draconian federal marijuana laws, after being frustrated by California’s state law that should have protected him.

On Monday, Charlie faces sentencing on five counts of federal drug crimes in the U.S. District Court in Los Angeles. He is facing up to 20 years in prison for helping sick and dying patients to obtain their medicine in a safe, clean setting. 
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Yesterday, George W. Bush began the time-honored tradition of granting pardons to convicted felons in the president’s final days in the White House. 14 pardons and two commuted sentences were announced late last night, and more are expected to be handed down before he leaves office on January 20.

Two former politicians who have been convicted of public corruption charges are looking to the president in hopes that he will shorten their prison sentences. Some pundits are even speculating that he may offer “preemptive” pardons to those involved in the unconstitutional torture of terrorism suspects after 9-11.

I wonder if President Bush has given any thought to pardoning some of the medical marijuana patients and caregivers his administration has helped to prosecute?

One such unfortunate person who comes to mind is Charles C. Lynch of Morro Bay, California.

When Charles opened a city-licensed medical marijuana collective on California’s Central Coast, the community welcomed him with open arms. The city’s mayor even helped cut the ribbon at the chamber of commerce welcoming ceremony. The collective provided a safe and legal supply of medical marijuana to seriously ill patients for nearly a year before federal agents raided the facility and arrested Charles on federal drug charges.

During the ensuing trial, federal prosecutors described Charles as a common drug dealer and blocked any mention of medical marijuana from being brought forth by his defense. As a result, a jury found Charles guilty on five counts of federal drug charges. His sentencing hearing is set for January 5 and he could face up to 100 years in prison for following his heart (and state law) by helping patients to get their medicine.

I can’t think of anyone more deserving of a presidential pardon than Charles C. Lynch and others like him whose only crime was helping to relive suffering.

For more on Charles’ plight, check out this Reason.tv video.