Perversely persecuted medical cannabis figure Charles Lynch escaped the federal slammer today, at least temporarily. After his federal prosecution and conviction for distributing cannabis, he is facing a ‘mountain of time,’ potentially decades in the federal pen. There he would join the other 53% of federal prisoners behind bars for drug “crimes.”
Today U.S. District Court Judge George H. Wu postponed sentencing. Like all judges for sentencing federal drug crimes, his hands are essentially tied. In the case of mandatory minimum sentences, the judge becomes just an operational pawn for applying the draconian minimum sentences dreamed up by self-righteous legislators.
Charles Lynch has become a poster boy for the cruelty and idiocy of the federal persecution of cannabis, especially when protected by voter-mandated state medical laws. His story was well told by John Stossel and Al Roker. The case has taken on a special poignancy with the arrival of the Obama administration and federal policy regarding state endorsed medical cannabis operations.
Still, it is encouraging Judge Wu has been tracking the recent changes on medical cannabis policy issuing from the Attorney General Eric Holder. Less encouraging is his statement “he did not believe that any change in policy would affect the conviction of Charles Lynch, 47.” The LA Times NOW account adds that Judge Wu “said he wanted to consider any new information about the policy before imposing sentence.”
Well gee, the new, current policy from Attorney General Eric Holder dictates that dispensary operators conforming to state laws, as Lynch was, will not be targeted by the Feds. Therefore, Lynch’s case would not have ever transpired under current law. No jack-booted squads dressed in uniforms of brutality — face-masks shields, and automatic rifles — would have smashed down his door and thrown him to the ground. He would not have been transported from his home and put into a cage. Seems like that might be relevant.
In the federal trial of Charles C. Lynch, Judge Wu enforced the edict that nothing could be said about medical marijuana. The state laws under which Mr. Lynch operated faithfully could not be mentioned, nor the dispensaries Grand Opening with the mayor, nor the great help the medication helped some of the residents of Morro Bay.
How could a federal judge not feel shame in participating in, indeed enforcing, such as sham? Hopefully, Judge Wu heard the outraged complaints of a jury who, denied the basic facts, felt no choice but to convict. Now they feel outrage and shame, and they should rightfully feel scorn for a judge who forced their participation in this miscarriage of justice.
Judge Wu, after your additional study of the changes taking place in the justice department and in California, and the day of sentencing comes, do the right thing. Any sentence beyond time served would be an obvious and hideous violation of right and wrong, a perversion of American ideals. To say nothing of violation of 8th and several other amendments, of the Bill of Rights. Do your duty for American justice, Judge Wu and free Charles C. Lynch.
Speak up for the judiciary about idiotic mandatory minimum sentences. Insist on real justice rather than conforming to rote sentencing schedules.
Speak out as an American for the great injustice done Mr. Lynch and millions of other Americans ensnared by arbitrary and cruel drug laws, especially those on cannabis, with its great medical usefulness. Insist that cannabis be rescheduled down from Schedule 1.
Speak up for freedom and say that there is no way you would sentence a community resource and public servant like Charles C. Lynch to a day in federal prison.