- Charles C. Lynch
-
Charles C. Lynch is the former owner of a medical marijuana dispensary in Morro Bay, California. In April 2006 Lynch obtained a Medical Marijuana Dispensary business license [1] from the city of Morro Bay. In July 2006 Lynch was issued a Medical Marijuana Nursery Permit [2] which allowed him to provide marijuana plants to the members of his dispensary. Lynch was also a member of the Morro Bay Chamber of Commerce.
On March 29, 2007, the dispensary was raided by the local Sheriff Pat Hedges [3] in cooperation with the DEA. The dispensary reopened a week later with the blessing of the city of Morro Bay officials. The dispensary closed on May 16, 2007 after the DEA threatened the landlord of the dispensary with criminal forfeiture of his property.
On July 17, 2007 Lynch was arrested under federal law for marijuana trafficking, and was convicted in August 2008 of operating a drug premises, selling drugs to minors, distribution of over 100 kilos of marijuana, cultivating more than 100 marijuana plants and conspiracy to distribute marijuana. During the trial, his attorneys were barred from referring to the legality of his business under state law.[4]
Lynch became a national figure in the dispute between state and federal marijuana laws when Drew Carey's activist website Reason.tv published a story and video about Lynch's case.[5] Other national news networks picked up on the story and Lynch appeared on MSNBC's Marijuana Inc. Al Roker reporting, ABC News 2020 with John Stossel Bailouts and Bull and Larry King Live. The Lynch story also appeared in an online article on Time.com and briefly mentioned in the April 6, 2009 edition of Time Magazine Top Ten News Stories. Pain Solutions Magazine[6] deemed Lynch the "de facto leader of the medical marijuana movement."
In April 2009, judge George Wu sought but was denied input regarding sentencing from the Obama administration's Department of Justice. Lynch was facing a mandatory minimum sentence of five years or more under federal sentencing guidelines, but the judge applied the safety valve and on June 11, 2009 Lynch was sentenced to a year and a day in prison.[7] The one year sentence was required because Lynch was convicted of selling to minors under the age of 21. Under California Law there is no age limit for the medicinal use of marijuana and Lynch's Conditions of Business License [8] issued by the City of Morro Bay indicated patients should be '18 or older unless accompanied by a parent.' Under Federal Law anybody under the age of 21 is considered a minor. Judge Wu stated that Lynch had adhered to California State Laws and allowed Lynch to stay out of prison on bail pending appeal.
On June 15, 2009 Lynch's Federal Public Defenders filed a notice of appeal to the Ninth Circuit Court of Appeals. The case is currently pending appeal.
On July 13, 2009 the Federal Prosecutors appealed Lynch's one year sentence insisting that he receive the five year mandatory sentence. It is assumed that the government received permission from the head of the Washington Department of Justice, Eric Holder, in order to file the appeal despite Eric Holder's statements of a change in United States policy regarding Medical Marijuana Dispensaries.
On August 19, 2009 the ninth circuit court of appeals dismissed the Government's and Lynch's appeals without prejudice, meaning they could be refiled at a later date, pending the final sentencing judgement to be issued by Judge Wu. As of April 4, 2010 Judge Wu still had not issued his final judgement and commitment order in the sentencing of Lynch.
A documentary about Lynch's case, Lynching Charlie Lynch (2011) by filmmaker Rick Ray, premiered at the San Luis Obispo International Film Festival on March 9, with a second showing on March 12.[9]
References
- ^ [1] Medical Marijuana Dispensary Business License
- ^ [2] Medical Marijuana Nursery Permit
- ^ [3] San Luis Obispo County Sheriff Pat Hedges
- ^ [4] Time Magazine
- ^ [5] Raiding California Drew Carey Documentary
- ^ [6] Pain Solutions Magazine
- ^ [7] Huffington Post News Article
- ^ [8] Conditions of Business License
- ^ [9] 2011 San Luis Obispo International Film Festival list of films in competition
Categories:- Living people
- American cannabis activists
Wikimedia Foundation. 2010.
