Press Release: Will Charles C. Lynch Be the Last to Go to Federal Prison For a Misguided Policy?

FOR IMMEDIATE RELEASE   
APRIL 22, 2009

Will Charles C. Lynch Be the Last to Go to Federal Prison For a Misguided Policy?
Advocates Call For Leniency in the Name of Justice

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

LOS ANGELES, CALIFORNIA -- The Marijuana Policy Project is calling for leniency in Thursday's federal court sentencing of Charles C. Lynch, a California medical marijuana provider who worked scrupulously to follow state and local laws but now faces five years in federal prison. MPP officials will be available by phone for comment after the sentencing, scheduled for 3 p.m. at the federal courthouse in downtown Los Angeles.

     In February, U.S. Attorney General Eric Holder announced that henceforth the Drug Enforcement Administration would only conduct enforcement actions against medical marijuana defendants who were violating both state and federal law, reversing the Bush administration's policy of ignoring state medical marijuana laws. But Holder did not indicate whether this change would affect handling of older, leftover cases such as that of Lynch, who was convicted last year. 

     "We can't help but wonder if Mr. Lynch will be the last American to go to federal prison for a mistake, the final victim of bad policy that has been repudiated but whose mean-spirited effects still linger," said MPP executive director Rob Kampia. "Putting Mr. Lynch in prison would be a cruel and pointless miscarriage of justice. At a time when federal law enforcement at the Mexican border is so overwhelmed that traffickers coming through with up to 500 pounds of marijuana are let go, even one more hour spent persecuting Mr. Lynch is an outrageous waste of resources."

     "Mr. Lynch's medical marijuana collective was licensed by the city of Morrow Bay, and officials routinely inspected the facility for compliance with state and local laws," said MPP California policy director Aaron Smith. "Because federal law still makes no statutory allowance for medical marijuana, any discussion of California's medical marijuana law was explicitly barred from his trial. In the interest of fairness, the judge should follow the example of Judge Charles Breyer in the 2003 case of Ed Rosenthal, and issue a token, one-day sentence. Charles Lynch is simply not a criminal in any rational sense of the term."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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