Apr 20, 2009
California, Charles Lynch, Eric Holder, Medical Marijuana, Obama
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.
Outrageously, the federal prosecutor made sure that any mention of California's medical marijuana law was strictly prohibited in the courtroom during Charlie's trial, and the jury wasn't allowed to consider it during their deliberations. If there was a violation of state law taking place, you'd think Charlie could have faced those charges in a state court.
CCCC didn't provide marijuana to anyone other than legally qualified patients or caregivers and was licensed by the city of Morro Bay, where it was located. In fact, the mayor, city manager, and representatives from the Morro Bay police department had routinely visited and inspected the site for compliance.
Charlie's sentencing is now scheduled for the U.S. District Courthouse in Los Angeles on Thursday. Please contact the White House today to express your outrage that the DOJ is trying to make a martyr out of Charles C. Lynch, despite the administration's new policy on medical marijuana.