A federal judge in Los Angeles sentenced Morro Bay medical marijuana dispensary operator Charles Lynch to a year and a day in federal prison Thursday in one of the first sentences to be handed down since the Obama administration said it was adjusting federal policy on medical marijuana. Lynch was scheduled to be sentenced earlier this year, but US District Judge George Wu postponed that hearing with federal medical marijuana policy up in the air.
Judge Wu showed some leniency in sentencing. Under federal law, Lynch faced a mandatory minimum five-year prison sentence, but Wu said Lynch merited an exception. He also allowed Lynch to remain free on bail while pursuing an appeal.
That wasn't enough for drug reform advocates. "For Charlie Lynch to spend one night in federal prison, let alone a year, is a travesty," said Stephen Gutwillig, California State Director of the Drug Policy Alliance. "This dispensary operator followed all state and local rules and has been dragged into a legal nightmare right out of Kafka. He is caught between California's voter-approved medical marijuana system and the Bush administration's single-minded effort to smother it. That Attorney General Holder changed federal policy three months ago only makes this miscarriage of justice all the more disturbing. Charlie is like a forgotten prisoner of war, abandoned after a truce was declared."
"Years from now, Mr. Lynch may well be remembered as the last American to go to federal prison for a mistake, the final victim of an already repudiated policy well on its way to the ash heap of history, but whose mean-spirited effects still linger," said Marijuana Policy Project executive director Rob Kampia. "This sentence is a cruel and pointless miscarriage of justice. Mr. Lynch 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."