Shift on Marijuana Policy Delays Sentencing

[groovedaddy]

LOS ANGELES — A federal judge here Monday postponed the sentencing of a man convicted of running a medical marijuana dispensary and asked the Department of Justice to clarify its revised position on such cases.

Attorney General Eric H. Holder Jr. said last week that federal authorities would not seek to prosecute medical marijuana dispensaries if the operations complied with state and local laws, a departure from the Bush administration policy that federal narcotics laws held sway. California is one of 13 states that allow the growth and sales of medical marijuana with a doctor’s recommendation.

“The judge said this statement raises more questions than it answers,” said Reuven Cohen, a lawyer for the defendant, Charles Lynch. “He said he needed an explanation, and he needed it from the Department of Justice, not the local prosecutor.”

Thom Mrozek, a spokesman for the United States attorney in Los Angeles, said that he could not comment on the specifics of the request by Judge George H. Wu, but that prosecutors “do believe that Mr. Lynch violated state law.”

http://www.nytimes.com/2009/03/24/us/24marijuana.html?th&emc=th

[RaleighNCDUer]

1. It seems pretty clear-cut to me.

Was the dealer selling only to people with legitimate prescriptions, or was the dispensary being used to distribute for recreational purposes?

If the former, dismiss the charges. If the latter, proceed with the sentencing.

[groovedaddy]

2. He only sold to people with prescriptions. The state had tried for several years to set him by

sending undercover folks to buy without a script. It never worked. He was very strict about it.
I mean, why would anyone in their right mind want to sell to people illegally when there are so many legal customers?

[RaleighNCDUer]

3. "...prosecutors “do believe that Mr. Lynch violated state law.”"

They can believe anything they want - did they PROVE it? If not, dismiss the case.

[smellycats99]

4. look at this attorney general

look at this attorney general

http://trevortitman.com/blog/2009/03/bong-hits-4-ashcroft/