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Obama Policies Fresh Air for Medical Marijuana Advocates
WASHINGTON - After California legalized medical marijuana, Charles Lynch opened his cannabis dispensary nearly two years ago in Morro Bay, getting a license from the city and joining the chamber of commerce. Even the mayor showed up for the ribbon-cutting ceremony.
A year later, U.S. drug enforcement agents raided his business. Now Lynch is worried that he'll get at least five years in prison when he's sentenced Monday in federal court in Los Angeles on five counts of distributing marijuana.
Whatever happens, Lynch said, he'll appeal. "I don't feel like I deserve going through life as a convicted felon for doing things the state of California allowed me to do," he said.
However, the nation's medical marijuana users are breathing a little more easily these days, confident that such stories soon will be a thing of the past.
At news conferences last month and again last Wednesday, Attorney General Eric Holder said that there'd be no more federal prosecutions of cases involving medical cannabis dispensaries. He said they'd be left alone as long as they were complying with state laws.
Medical marijuana advocates predict that the issue soon will leave the public realm of politics and become a private issue between doctors and patients. They also said that President Barack Obama had kept a promise that he made on the campaign trail last year.
Holder said the new policy would be "to go after those who violate both federal and state law."
"To the extent that people do that, and try and use medical marijuana laws for activity that is not designed to comport with what the intention was of a state law, those are the organizations or people who we'll target," Holder said Wednesday. "And that's consistent with what the president said during the campaign."
The decision affects California and 12 other states that have legalized marijuana for medical purposes: Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington state.
Rep. Lois Capps, D-Calif., who lobbied the new administration on the issue, called it "a welcomed shift" in federal policy, charging that the administration of George W. Bush "foolishly wasted precious federal resources" to prosecute law-abiding health-care providers.
"This new policy makes sense and is far more humane," said Capps, the new vice chairman of the House Energy and Commerce Subcommittee on Health.
Holder said that his department had limited resources and that its focus would be on people and organizations that were growing or cultivating "substantial amounts of marijuana and doing so in a way that's inconsistent with federal law and state law."
Stephen Gutwillig, California's state director of the Drug Policy Alliance, said that the new policy would protect millions of Americans who benefited from the medicinal properties of marijuana.
"Under the Obama administration, the federal government may finally be recovering from a long bout with 'reefer madness,' " he said.
Any change in policy comes too late for Lynch, 46, who's already been convicted. Lynch said he began using marijuana for medicinal purposes in 2005, when he was suffering bad headaches. He said the drug helped him a lot but that he had to drive a long way to get it.
Eventually, Lynch said, he began researching medical cannabis on the Internet and decided to open his own dispensary. He said he'd received nothing but support from Morro Bay officials, with the city attorney and city council members stopping by.
"Everybody liked the way I had set up the business," Lynch said.
Except for the U.S. Drug Enforcement Administration.
"They came in; they took everything," Lynch said. "They took all the money. They froze my bank accounts. They began their propaganda war machine against me. They put my name up on the DEA Web site. They made it sound like I was selling drugs to children out in the schoolyard."
Federal authorities charged that Lynch used his business, the Central Coast Compassionate Caregivers marijuana store, as a front for a supersized retail drug-dealing center that sold more than $2.1 million in marijuana over a year. The customers included 281 minors and undercover DEA agents who paid two to three times the street value for their marijuana, authorities said. A local doctor also was indicted, accused of writing marijuana recommendations for minors without conducting any physical evaluations.
Lynch's case is igniting debate over how far the government should go either in prosecuting or ignoring medical marijuana dispensaries.
Capps said the case "is an example of a big conflict," because Lynch was operating his business with the full authority of the California government but was prosecuted under federal law. Federal law, which supersedes state laws, makes distributing marijuana a crime and offers no exceptions for medical use.
Capps said she wanted to respect the wishes of California voters, adding that the federal government has plenty to do - such as protecting U.S. borders - and should concentrate on crimes that don't conflict with state laws.
Lynch said he was forced to close his business when the DEA told his landlord that the property would be forfeited if Lynch weren't evicted. Months later, Lynch was arrested and taken to a federal detention center in Los Angeles, where his family posted $400,000 in bail to get him released.
Lynch isn't sure what to expect when he's sentenced Monday. He's not familiar with breaking the law.
"I've got a spotless record," he said. "I've never even had a DUI. The only thing on my record is a seat belt violation here in the state of California. You know, they've destroyed my life personally. I'm filing for bankruptcy right now. And friends are scared to talk to me because the federal government is breathing down my neck."
Marisa Taylor contributed to this article.



21 Comments so far
Show AllDIdn't NJ also just add a compassionate users act?
Will medical marijuana states cover the prescription through Medicaid?
I'd rather pay a grower in Mendocino than Merck or Pfizer.
And when (if) Medicaid gets rolled in universal health care or an expanded Medicare, will the government honor state laws?
Is there any way we can criminalize Viagra? At least stop the ads....
I can't remember what I was going to say. Wow my hands are huge!
U R funny.
While to be applauded it rather strange that a change in Administration can have such a dramatic effect.
IE i would be concerned about the Republicans taking office again and then reversing poilicy once more then rounding up people who were just told it fine to use marijuna for medicinal use.
The "Criminal record" is something that stays with a person for a lifetime. I think it warranted that any with a record due to the conflicts in jurisdiction see their criminal records expunged.
This speaks to a Political party being so captive to an ideology wherein the ideology becomes more important then what is just and fair for the people.
Not far behind is a growing momentum of various states to tax marijuana. Considering the dire financial situation and the fact that it is at least a $14 billion a year business in California alone, why not?
How did you get the figure of 14b a year?
That is the figure quoted most commonly in the corporate media. Marijuana has been the #1 cash crop in California since the early 80's.
The feds should just drop the case.
*fffffffft*
>>>Give the poor guy a fikkin break, man!<<<
(cough-cough-cough)
I was going to say something else, but, um... ...
*ffffft*
>>>Oh yeah.<<< (haaaaa-ah) They call 'herb' a gateway drug. Gateway to what?
The munchies?
*fffffffffft* (haaaaaa-ahh, cough-cough)
Hey, nachos anyone?
Dude, don't bogart! Nachos ummmmm...they're selling them for 79 cents down at Toxic Hell...I mean Taco Bell. An' I want extra nacho cheese on mine thanks. Oooooh yeah and some Guac too.
Seriously, our government has much bigger things to worry about than busting potheads. Who knows, maybe if our fearless leaders toked once in a while the country might be better off.
*fffffft*
>>>Right on, bra<<<
(haaaaaah)
Here ya go. Just keepin it lit.
Yeah man, know whatcha mean. I bet more of 'em toke than we know. During the campaign someone asked Obama if he "inhaled", and his answer was, "well yeah, that's the point isn't it?" I thought it was a good answer.
So yeah, pass the guac, wouldja? Ah dude, did you forget the salsa?
Bogus. Oh well, try one of these habineros.
If only I could remember where I left those petitions . . .
I am tired of hearing about medical marijuana. Don't we have enough to worry about without losing sleep over the prospect of, God forbid, somebody getting high?
Repeal all drug laws. These Republicans are worried about governmental intrusion into the private lives of corporations---how about giving us real people the same break?
I thought the title of this news story was ironic. lol
"Fresh Air for Medical Marijuana Advocates" <-- Wouldn't that mean there were more bans?
But in all seriousness, the real issue with drugs isn't about individual liberties (which are indeed important) but with the violent crime associated with unregulated drug trafficking with such cases as the ones in Mexico where the drug cartels are in an arms race.
...which would be eliminated if drugs were legalized.
And no mention of the HEMP FARMING ACT OF 2009 ! Check it out:
www.votehemp.com
First off, all you people who think that legalizing Mary Jane is going to support all those poor low-volume growers are living in a dream world. Just who do you think would then start turning huge volumes of corporate land over to the cultivation of hemp? The stuff grows well in our most fertile farming regions which are now dominated by corporate ownership, not family farms. The moment these guys start raising this as a cash crop the price will drop so far and so fast that poor Juan will STILL see no benefit. What makes this a crop the small farmer wants to grow is precisely it's high profit margin...the tax on being illegal that the grower and distributor (the cartels) get to keep.
So be a little realistic as to what will happen when drugs are legalized.
That said I am all FOR legalization. It is far less expensive to treat our current drug of choice, alcohol, by treating it as a disease or social ill rather than as a criminal offense. Prohibition tried the criminal route and it failed. Stupidly, typical of the west, we fell for the prohibition trap again with all other mind-altering substances. It's a trap governments love because it gives them an excuse to spend money on thought control, surveillance, and intrusive and needless violations of your right to privacy. Legalization is the best and least expensive way forward.
Fascism is the end result of Bush-era policies.
But don't put those Weed-colored glasses on and think dreamy thoughts that a legalized drug world is one where we all collectively group-hug. These drugs ARE unhealthy, they do alter the brain often in poorly studied ways, and corporations will grow rich and very well thank you off the profits of distributing them. It will be no different than the alcohol and tobacco industries with marketing strategies clamoring for minor differentiations that can be sold to a society with a great deal more money than sense.
"These drugs ARE unhealthy"
Which drugs are you referring to? And how do you define healthy or unhealthy, or drugs for that matter? Is sugar healthy, it alters the body chemistry, making it a 'drug'? How many people does sugar kill each year? (hint; gazillions) There is not a single known incident where someone has died from marijuana.
In fact, while you are correct in your statement that treatment for alcohol is better than criminalization, there is absolutely no comparing alcohol to marijuana. 'Treatment' for the latter is not necessary.
physicscitizen. Hello.
"Weed grows well in our most fertile farming regions." Like Kansas?
It grows best in Northern California which ain't known for tomatoe and corn production. Also it is EXTREMELY labor intensive to grow the best weed in the world. It takes on average 5-10 years of growing experience to get expert. We've been doing it here for decades. It's an artform.
On the other hand you disparage small gowers, I know someone in Humboldt who grew 20 lbs w/ 11 plants of AAA weed. This is not a lot, but suffices for personal use. Topeka ain't there yet. And may never be.
Eff taxation.
Just quit criminalizing me and my kind.
Joe.
Right on Joe. Reminds me of Ben Harpers band, The Innocent Criminals.
That aside, I have to wonder when you say, "...20 lbs w/ 11 plants of AAA weed. This is not a lot, but suffices for personal use".
Not a lot? Maui wowiee, dude! That seems like a boatload to me!
George Carlin once said, "Don't smoke pot...when you're already stoned. You won't get more stoned...you'll just smoke more pot."
Peace!!
Moondoggy
Moondoggy, It's a lot when you gotta trim it and manicure it!
Myself Md, I live in a more restricted county and have six indoor girls, I'll have about a pound if I'm lucky in about a month at the most....how wwe suffer. I'll check The Innocent Criminals out,
From Cali, Joe!