He had written his mother’s phone number on his arm before arriving at his sentencing as well as a letter to his family with various information they might need in his absence. At the Los Angeles federal courthouse on March 23, former Morro Bay medical marijuana dispensary owner Charles Lynch was prepared to go to jail.
“In a way I felt like I was going into my funeral, walking through all these people looking at me, wishing me well, feeling bad for me; it was just kind of an odd situation,” Lynch said.
However, the sentencing didn’t go as he expected. Federal Judge George H. Wu postponed sentencing until the Justice Department sends a written reply about a possible change in federal policy — a policy under the Bush administration that considered marijuana a “schedule one narcotic,” the same as heroin.
Wu’s request caught Lynch off guard.
“Yeah, actually I was pretty surprised at the judge’s decision, everybody was really,” Lynch said. “It kind of threw my case into the national news because of that. Here the federal judge is asking to hear what the new policy is, which has only been talked about, (saying) ‘I want it written down so I know what to do in this case.’”
Lynch’s case is the first nationally publicized trial brought before a federal judge since U.S. Attorney General Eric Holder declared “a new American policy” regarding medical marijuana, one consistent with President Barack Obama’s campaign position.
In August 2007, during his campaign, President Obama said, “I would not have the Justice Department prosecuting or raiding medical marijuana users. It’s not a good use of our resources.”
A day before Lynch’s original sentencing, Holder further explained the new policy: The Obama administration would not prosecute medical marijuana patients or providers if they were in accordance with state laws.
“In a way (hope) has already come with remarks by Eric Holder…,” Lynch said. “I don’t know if you noticed, but on TV these days there’s a lot of talk about legalization, not just for medical uses, (but for) for recreational uses. Even more states across the country are working on their medical marijuana laws, now that they know the administration will be a lot more compassionate, I think things are changing here.”
Lynch’s Central Coast Compassionate Caregivers dispensary was sanctioned by both state and local governments but was raided by federal agents in 2007 after San Luis Obispo County Sheriff Pat Hedges led a yearlong investigation that failed to produce any California law violations. One of Lynch’s convictions included distribution of medical marijuana to minors, defined as 21 and younger by federal law, rather than 18 and under as decreed by California law.
In addition, the federal court did not allow any discussion involving medical marijuana because it is not recognized under federal law — a decision Lynch believes caused him to receive an unfair trial.
“Morro Bay gave me their rules; 18 or older unless accompanied by a parent,” Lynch said. “The sheriff, the DEA and law enforcement are trying to destroy me essentially with the age discrepancy between federal and state laws. It’s a propaganda move on their part.”
San Luis Obispo Public Information Officer Rob Brynn maintained that Lynch had violated both state and federal law.
“Charlie Lynch was making a profit off of selling marijuana,” Hedges said in an interview with ABC’s John Stossel on 20/20. “Well you are making an assumption that he was helping people; he was primarily helping himself.”
Under federal law, 17-year-old bone cancer patient Owen Beck, who used medical marijuana to treat his bone cancer, is considered a minor even when accompanied by his parents. The medical marijuana eased phantom pain in his amputated leg while increasing his appetite, Beck said in a interview with Drew Carey on reason.tv.
“With the marijuana I could do what I needed to do during the day and not be in pain, be comfortable,” Beck said in the interview, adding that he felt like the “hardcore” pain medication would dull him out and would make him fall asleep.
Right after the Arroyo Grande resident was convicted, the judge held a conversation with Lynch, his attorney and the prosecutor, Lynch said.
“(The judge) said he wanted to have some legal reasoning to get away from these mandatory minimums because they don’t seem fair in this case; even the judge knows that there is something really unfair going on here but since he’s a federal judge he would have to abide by federal laws,” Lynch said.
According to Lynch, who is possibly facing five to 100 years in jail, the most important factor regarding his case involves the 10th Amendment and protecting state’s rights.
“The California state laws are based on the 10th Amendment, which talks about state rights; all these law makers swear to uphold the Constitution…” he said. “They should be punished for breaking our constitutional rights… to me this is a constitutional battle, not just about medical marijuana; it’s a fight for our rights as Americans.”
The only way to end this “civil war” is to release the prisoners locked up for using or distributing medical marijuana in compliance with California law, Lynch said.
“If Obama is really going to end this civil war then they should… release the marijuana patients in jail and stop taking prisoners such as myself and throwing them into federal prison — that’s how this war is going to end.”
Yet, sometimes it’s not so black and white, said Jerret Gran, San Luis Obispo County chief deputy district attorney.
“The problem with the passage of a new law is the potential of whether it’s going to be retroactive or not and how it affects people that have already been convicted of that crime or (are) awaiting sentencing,” he said. “You have cases pending; what if a guy served four years, how do you give those years back?”
Lynch’s sentencing will take place April 30 as long as the Justice Department sends a written reply of the possible policy change by April 17, Lynch said.