The owner of a now-defunct Morro Bay-based marijuana dispensary was sentenced to a year and a day in federal prison on June 11, despite mandatory minimum statutes that called for a penalty of five or more years. Arroyo Grande resident Charles Lynch was convicted last summer on five counts related to growing and distributing marijuana from his dispensary, and each of his crimes called for a year in prison. The sentencing ruling came on the heels of a major shift in federal medical marijuana policy, which left Lynch in a sort of legal limbo.
Federal drug laws do not recognize the medical benefits of marijuana, though a dozen states have passed laws to allow patients protected use of the drug. Under the Obama Administration, the policy has shifted from zero tolerance toward state marijuana dispensaries, to a guiding principle that looks for a violation of both state and federal law before dispensary operators are prosecuted. The shift came after Lynch was convicted.
Medical marijuana advocates have watched Lynch’s case closely, because it’s been widely accepted that Lynch was complying with California state marijuana laws. His business was under surveillance by local authorities for a year, but no state warrant was ever served. To date, he has not been charged with violating any state law.
Lynch’s criminal defense was based on his compliance with state law, but much of that evidence wasn’t allowed to be heard in court. Much of the prosecution’s case, too, was based on Lynch’s compliance with state law: Lynch’s business and patient records were used as evidence against him.
Judge George H. Wu found that Lynch had complied with state law, though the finding wasn’t ultimately relevant to the trial. Lynch’s compliance was, however, considered when it came to sentencing, and will likely be a factor when Lynch appeals the conviction.
Lynch was sentenced to exactly 366 days in prison, plus three years of supervised release. His attorneys filed a notice of appeal on June 15. They’re appealing both the conviction and the sentence. Lynch will remain out on bail through the appeal process.
—Kylie Mendonca
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This article appears in Jun 18-25, 2009.
