Legal Commentary

Obama DOJ to Seek Prison in CA Medical Pot Case

By Jeralyn

So much for turning a new leaf on medical marijuana prosecutions.

The U.S. Attorney's office in California will seek a five year jail term for medical pot dispensor Charles Lynch.

Mr. Lynch, who ran a small dispensary in the surfing hamlet of Morro Bay, has become a symbol for the medical marijuana movement since his shop was raided in 2007. A registered business owner, Mr. Lynch has the support of the city’s mayor, city attorney, and the local chamber of commerce.

Medical marijuana advocates see the case as a test of the Obama administration’s policy of non-interference on state marijuana laws. California is one of 13 states that allow the cultivation and sale of marijuana for medicinal purposes.

Sentencing was continued today until June. Attorney General Eric Holder's appointee, H. Marshall Jarrett, is "guiding" the U.S. Attorney in seeking the jail term. Here is the pleading with Jarrett's letter attached. The Judge is George H. Wu, "a Bush appointed jurist who is hearing his first federal case." More here.

Full post as published by TalkLeft on April 23, 2009 (boomark / email).