Charles C. Lynch is the former owner and managing Caregiver for Central Coast Compassionate Caregivers in Morro Bay.

The dispensary opened on April 1 2006 with the blessing of the city [...]]]> Court Support Needed for

Federal Sentencing of Charles C. Lynch

March 23, 2009 at 10:30am

312 Spring Street, Los Angeles CA

From the Friends of Charles C. Lynch website:

Charles C. Lynch is the former owner and managing Caregiver for Central Coast Compassionate Caregivers in Morro Bay.

The dispensary opened on April 1 2006 with the blessing of the city and even joined the Chamber of Commerce.  In July 2006 the dispensary was granted a Conditional Use Permit from the City of Morro Bay to include a Medical Cannabis Nursery at the dispensary.

The Dispensary operated for almost one year without any major problems or complaints to the owner. On March 29, 2007 the Local Sheriff and DEA agents raided the Dispensary and Home of Charles Lynch. Lynch was not arrested at the time and reopened the dispensary on April 7 2007 with the blessing of the City of Morro Bay. A week after reopening the dispensary the DEA called the Landlord and threatened him with Forfeiture of his property unless he evicted the Dispensary from the building.  On May 16, 2007 the Dispensary closed permanently.

On July 17, 2007 Lynch was arrested at his home and charged with Federal Marijuana Distribution. Lynch pleaded not guilty and went on trial July 22, 2008 in Los Angeles. Lynch was not allowed to discuss state law or mention ‘medical marijuana’ during the trial. Also large amounts of evidence including Lynch’s compliance with State and Local laws could not be considered as factual by the jury. Before opening the dispensary Lynch called the DEA and asked about thier policy regarding medical marijuana dispensaries. The DEA told Lynch it was up to the Cities and Counties to decide how to handle the matter. This was Lynch’s only defense in Federal Court and is called entrapment by estopell when a government agent says something is ok when in fact it might not be. Click here for more information.

On August 5, 2008 Lynch was convicted in Federal Court for operating the Central Coast Compassionate Caregivers. On January 6, 2009 Lynch appeared before Judge Wu to request a new trial on the grounds that he was not allowed to get his defense before the jury and other new evidence. The request was denied. Charles has been out on a $400,000 bail posted by his loving and trusting family and was under house arrest for over nine months.

During March 2009 United States Policy regarding Medical Marijuana changed in favor of states as long as the dispensary complied with state law. Lynch’s dispensary complied with all state and local laws during the time it was open. Click here to read the San Francisco Chronicles report of the new policy. On Friday March 13, 2009 John Stossel and ABC News 2020 aired he story of Lynch on National Television. On Sunday March 15 Al Roker did a documentary entitled Marijuana Inc. Al Roker reporting and focused in on the case of Charles C. Lynch.

Despite the recent policy changes Charles C. Lynch will be sentenced on March 23, 2009 at the Federal Court House in Los Angeles.

The air inside the Los Angeles Patients and Caregivers Group was pungent with the aroma of premium hydroponic marijuana, but the proprietor, Don Duncan, said on Thursday that he was breathing a bit easier.

A day before, Attorney General Eric H. Holder Jr. had said that the [...]]]> From the March 19 edition of the New York Times:

The air inside the Los Angeles Patients and Caregivers Group was pungent with the aroma of premium hydroponic marijuana, but the proprietor, Don Duncan, said on Thursday that he was breathing a bit easier.

A day before, Attorney General Eric H. Holder Jr. had said that the federal authorities would no longer take action against medical marijuana dispensaries if they were in compliance with state and local laws.

While 13 states, including California, have laws allowing medical use of marijuana, they had not been recognized by the federal government. One of Mr. Duncan’s two marijuana dispensaries was a target, in 2007, of one of the scores of raids involving medical marijuana that the Drug Enforcement Administration conducted in Los Angeles during the Bush administration.

Mr. Duncan, a founder of Americans for Safe Access, a medical marijuana advocacy group, said he was meeting with officials at City Hall at the time of the raid, trying to work out a local ordinance under Proposition 215, which allows the medical use of marijuana.

“I got a call and found out they smashed through our window and pried open the back door,” Mr. Duncan said. Since then, he has operated only one dispensary, fearing he could again be a target of the federal authorities.

Mr. Holder’s statement that he would not authorize raids on medical marijuana dispensaries appeared to shift Justice Department policy, at least rhetorically, away from the Bush administration’s stated policy of zero tolerance for marijuana, regardless of state laws. Advocates of medical marijuana welcomed the change.

But conversations with government officials on Thursday revealed disagreement within the administration about how great a shift Mr. Holder’s statements represent.

A spokesman for the drug enforcement agency, Garrison Courtney, pointed out that the attorney general’s statement indicated that the federal authorities would continue to go after marijuana dispensaries that broke state and federal laws by selling to minors, selling excessive amounts or selling marijuana from unsanctioned growers.

Mr. Courtney said that the agency had raided only a fraction of the thousands of marijuana dispensaries now operating and that agents had used discretion to go after only the worst offenders.