cannabisnews.com: Government Considering Medical Marijuana Case

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††Government Considering Medical Marijuana Case

Posted by CN Staff on April 23, 2009 at 12:49:22 PT
By Solomon Moore†
Source: New York Times†

Los Angeles, CA -- Government lawyers are expected to ask a federal judge to impose a five-year sentence on the owner of a marijuana dispensary, less than one month after Attorney General Eric H. Holder announced that federal authorities would not prosecute medical marijuana shop owners if they complied with local laws.Judge George H. Wu, a Bush appointed jurist who is hearing his first federal case, delayed sentencing for one month following the conviction of Charles C. Lynch on five counts related to running a marijuana dispensary and selling medical marijuana to customers under 21, the federal age of a minor. Selling medical marijuana is legal under California law.
Judge Wu said he wanted clarification on the attorney generalís position on the prosecution.H. Marshall Jarrett, the director of the Executive Office for United States Attorneys, on Friday sent a letter to United States Attorney Thomas P. OíBrien of Los Angeles guiding him to seek a five year sentence. Mr. Jarrett was the head of the Justice Departmentís ethics office until Mr. Holder replaced him following allegations of prosecutorial misconduct in the botched corruption case against former Alaska Senator Ted Stevens.Mr. Lynch, who ran a small dispensary in the surfing hamlet of Morrow Bay, has become a symbol for the medical marijuana movement since his shop was raided in 2007. A registered business owner, Mr. Lynch has the support of the cityís mayor, attorney general, several city council members, and the local chamber of commerce.Medical marijuana advocates see the case as a litmus test of the Obama administrationís policy of non-interference on state marijuana laws. California is one of 13 states that allow the cultivation and sale of marijuana for medicinal purposes.Source: New York Times (NY)Author: Solomon MoorePublished: April 23, 2009Copyright: 2009 The New York Times CompanyContact: letters nytimes.comWebsite: http://www.nytimes.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #28 posted by FoM on April 26, 2009 at 11:32:37 PT
Storm Crow
I hope all Doctor's are acting the way your doctor is. That is wise in this climate.
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Comment #27 posted by Storm Crow on April 26, 2009 at 11:29:10 PT
The "sick minor" problem came up...
During one of my annual visits to my cannabis specialist. The upshot is that my doctor will not sign for a minor unless a custodial parent/guardian is physically with the minor and signs off on the treatment. There was a recent article on medical use by minors-The herbal remedy: Teens use cannabis for relief, not recreation
http://www.eurekalert.org/pub_releases/2009-04/bc-thr042109.phpWhen legal therapies let them down, some teens turn to cannabis. A new study, published in BioMed Central's open access journal Substance Abuse, Treatment, Prevention and Policy suggests that around a third of teens who smoke cannabis on a regular basis use it as a medication, rather than as a means of getting high.Joan Bottorff worked with a team of researchers from the University of British Columbia, funded by the Canadian Institutes of Health Research, to conduct in-depth interviews with 63 cannabis-using adolescents. Of these, 20 claimed that they used cannabis to relieve or manage health problems. Bottorff said, "Marijuana is perceived by some teens to be the only available alternative for those experiencing difficult health problems when legitimate medical treatments have failed or when they lack access to appropriate health care".The most common complaints recorded were emotional problems (including depression, anxiety and stress), sleep difficulties, problems with concentration and physical pain. The teens' experiences with the medical system were uniformly negative. The authors said, "Youth who reported they had been prescribed drugs such as Ritalin, Prozac or sleeping pills, stopped using them because they did not like how these drugs made them feel or found them ineffective. For these kids, the purpose of smoking marijuana was not specifically about getting high or stoned". (snipped)
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Comment #26 posted by Hope on April 24, 2009 at 12:37:09 PT
The Prohibitionist's "Dream World"...
Apparently, requires that they deny children get cancer... for one thing.But it's just fine, for most of these cannabis hating people, to feed brain burning, cell searing pharmaceuticals to dope/help the children to fit in well and be more docile at school.
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Comment #25 posted by FoM on April 24, 2009 at 09:45:48 PT
museman
I think he hasn't had time to do that particular house cleaning. I think he will. He does have good timing. Keep your friends close and your enemies closer is smart for him right now.
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Comment #24 posted by museman on April 24, 2009 at 09:41:24 PT
FoM #1
It means, that either Mr. Obama hasn't gotten to that part of his house cleaning, the person he delegated the cleaning task to is incompetent for the job, or he intended to keep all those bush apppointees in their place of power, while taking hugely symbolic actions that actually accomplish nothing towards liberating the American people from its former fascist 'leaders,' and unconstituional government.LEGALIZE FREEDOM
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Comment #23 posted by FoM on April 24, 2009 at 09:34:24 PT
Just My Thoughts
I know drinking is legal for those 21 in most states. I think some states are 18. As long as cannabis is classified as a Schedule I drug 21 will probably be the age limit with a parent going to the doctor with their child and signing some form of a permission slip I would think. I am not sure though.If it gets re-scheduled the age might drop to 18.
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Comment #22 posted by AdaptBones on April 24, 2009 at 09:11:52 PT:
Good Point
That is an interesting point that I have not thought of yet. What happens if someone under 21 yers of age IS perscribed medical cannabis? Can a doctor give that perscription? It wouldn't make sense to hold what basically amounts to a pharmacy responsible for filling a perscription. So can any one tell me what the details are on what he is being charged with? 
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Comment #21 posted by OverwhelmSam on April 24, 2009 at 08:03:13 PT

Vindictive Law Enforcement is Abuse of Authority
So this Sheriff had it out for Lynch all along, not really because of his legal operation of a medical marijuana business. This appears like good standing to sue the Sheriff.
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Comment #20 posted by FoM on April 24, 2009 at 05:16:18 PT

Paint with Light
Thank you. What a nice song to start the day.http://www.youtube.com/watch?v=kSjOYRBEc58
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Comment #19 posted by GeoChemist on April 24, 2009 at 03:59:49 PT

The federal age
is 21. So it's ok to send children off to a foreign land to die for opium, opium, and oil? Does anyone else see the hypocrisy of this? If the house and senate had a parade of morons there would be no spectators. End of line
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Comment #18 posted by Paint with light on April 24, 2009 at 00:42:30 PT

FoM
Here is some morning music for you.www.youtube.com/watch?v=kSjOYRBEc58 I hope I got that right.I don't know if you are familiar with Goose Creek Symphony.They are a mix of rock, blue grass, folk, and jazz, with extended jams in live concerts.Equal with alcohol.
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Comment #17 posted by FoM on April 23, 2009 at 20:18:01 PT

Sentencing Delayed in Medical Marijuana Case
April 24, 2009URL: http://www.latimes.com/news/local/la-me-medpot24-2009apr24,0,1972910.story
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Comment #16 posted by The GCW on April 23, 2009 at 20:13:10 PT

Plea for help
US CO: PUB LTE: Donít punish medical marijuana users Webpage: http://www.boulderweekly.com/20090423/letters.htmlPubdate: 23 Apr. 2009Source: Boulder Weekly (CO)Rocky Mountain Caregivers Cooperative is encouraging concerned citizens to call the Boulder District Attorney to protest the prosecution of medical cannabis patient Jason Lauve.Jason was severely injured when a snowboarder hit him from behind while Jason was waiting in a lift line at Eldora Ski Area. The accident left Jason permanently disabled and in severe chronic pain. Fortunately, cannabis helps control his pain. Jason found it was a safer, healthier and less expensive alternative to strong and addictive narcotics and nerve blockers. On his physicianís advice, Jason obtained his Medical Marijuana Registry card in February 2005. He was in 100 percent compliance with all the laws and regulations required to use medicinal cannabis in Colorado.However, in June 2008, Jason was arrested and charged with felony possession of marijuana by the Boulder District Attorney Stan Garnett. Why is DA Garnett so intent on pursuing felony charges against Jason, a legal patient with no previous criminal record? Jason did nothing wrong and has followed the letter of the law at every step. Public officials like the Boulder DA need to educate themselves on how Coloradoís Medical Marijuana law is supposed to protect patients from prosecution. Until they do, itís up to concerned citizens to put pressure on their elected officials to uphold the Constitution and stop arresting sick people. *Please contact Boulder District Attorney Stan Garnett and ask him to drop all charges against Jason Lauve and stop prosecuting patients.Timothy Tipton/via Internet

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Comment #15 posted by Bud on April 23, 2009 at 19:13:55 PT:

Rx's
Are we to believe that citizens, under the "Federal age of 21," are not allowed doctor's prescriptions? I'm aware of one kid that HAD an Rx from his doctor. If there were others, did they have Rx's, too? And, is that abrogated by the "Federal Age?"
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Comment #14 posted by FoM on April 23, 2009 at 18:05:08 PT

Sentencing Delayed for Marijuana Dispensary Owner
By Greg Risling, The Associated PressApril 23, 2009A judge has postponed sentencing for a Morro Bay medical marijuana dispensary convicted of five federal counts, including distributing the drug.Charles Lynch was scheduled to be sentenced Thursday, but the judge delayed a decision until June 11 in federal court in Los Angeles.The decision came after attorneys argued about what kind of prison sentence, if any, the 47-year-old should receive in light of statements made last month by U.S. Attorney General Eric Holder.Holder indicated federal agents will target marijuana distributors only when they violate federal and state laws. California allows medical use of marijuana and Lynch was not charged with any state crimes.Lynch was convicted in federal court in August of distributing marijuana.Copyright: 2009 The Associated Presshttp://www.pe.com/ap_news/California/CA_Medical_Marijuana_401045C.shtml
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Comment #13 posted by FoM on April 23, 2009 at 17:43:38 PT

Charles Lynch
It looks like it might not be as bad as people thought. When I find out more I will post it.
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Comment #12 posted by FoM on April 23, 2009 at 17:24:43 PT

Hearing Begins for Marijuana Dispensary Owner
April 23, 2009 LOS ANGELES (AP) - A hearing has started in the case against the owner of a Morro Bay medical marijuana dispensary convicted of 5 federal counts, including distributing the drug.Charles Lynch is scheduled to be sentenced Thursday, but attorneys plan to argue about what kind of prison sentence, if any, the 47-year-old should receive in light of statements made last month by U.S. Attorney General Eric Holder.Holder indicated federal agents will target marijuana distributors only when they violate federal and state laws. California allows medical use of marijuana.Lynch was convicted in federal court in August of distributing marijuana. He was not charged with any state crimes.The judge has indicated he would likely rule on a sentencing another day.Copyright 2009 The Associated Presshttp://www.ktvn.com/Global/story.asp?S=10240152&nav=menu549_2
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Comment #11 posted by FoM on April 23, 2009 at 15:42:48 PT

AdaptBones 
I wish I knew too. I have seen it more then one time in different articles even a figure of 250 minors. 
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Comment #10 posted by AdaptBones on April 23, 2009 at 15:40:33 PT:

I don't understand...
So the one thing I don't understand about this case is that I keep reading he sold to minors and a few other charges that escape me at the moment. Are these just charges by the Feds or is there actually proof that this happened? 
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Comment #9 posted by FoM on April 23, 2009 at 15:19:40 PT

Dongenero
I always could go cry on my horses shoulder when I was young and I knew he understood. People didn't understand but my horse did. I don't know if that's true but I believed it and it comforted me when I needed comforting. Galloping a horse across a field was freedom to me.I lost 3 new born foals (2 were twins and usually don't survive) and I had to put down a horse on a hot summer day after he went over backwards and broke his neck. It is a very traumatic experience.Bless the Beasts and the Children.
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Comment #8 posted by dongenero on April 23, 2009 at 15:07:49 PT

horse pictures
I saw that one FoM. It must have been terribly difficult for those who were stewards of these horses.I've always loved animals and think we all need to bear responsibility for their welfare when possible. My Mother used to call me St Francis. Now my wife does.

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Comment #7 posted by FoM on April 23, 2009 at 15:00:30 PT

fight_4_freedom 
It's good to see you. 
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Comment #6 posted by fight_4_freedom on April 23, 2009 at 14:47:33 PT

Just popping in to say "high"
Happy belated 4/20! I miss my internet :( And especially my cannabis news pals :PI hope all is well C-newsers! Looks like I have a lot of catching up to do.Keep on fighting ya'll!ONE LOVE
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Comment #5 posted by FoM on April 23, 2009 at 14:31:26 PT

Never Mind It Didn't Work
You have to go thru the slideshow to see the lady Vet and one of the downed horses that appears to have passed away.
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Comment #4 posted by FoM on April 23, 2009 at 14:29:32 PT

Dongenero
This picture says it all to me.http://www.palmbeachpost.com/localnews/content/local_news/slideshows/2009/04/0420horses_die/
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Comment #3 posted by FoM on April 23, 2009 at 14:24:05 PT

dongenero
Thank you. I do love horses. I never used drugs on horses. Back then it just was taboo. If a horse was off in any way they were rested. Drugs were used for serious life threatening illness or pain that my Vet would sell me when they could do things like that years ago. If a horse can't perform on his own merit then he or she didn't perform. http://www.palmbeachpost.com/localnews/content/news/special_reports/wellingtonhorses.htmlhttp://www.palmbeachpost.com/localnews/content/local_news/slideshows/2009/04/0420horses_die/
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Comment #2 posted by dongenero on April 23, 2009 at 14:04:35 PT

OT polo ponies
FoM, I know you have a love for horses. I saw this article about the polo ponies dying. Turns out it was a pharmacy that incorrectly, and it appears illegally, formulated a drug for recovery from exhaustion that is used on horses. The formulation or drug is not approved for use in the US.More death from pharmaceuticals it seems. It's sad and a shame.http://www.nytimes.com/2009/04/24/sports/othersports/24polo.html
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Comment #1 posted by FoM on April 23, 2009 at 12:50:45 PT

What Does This Mean?
Excerpt: H. Marshall Jarrett, the director of the Executive Office for United States Attorneys, on Friday sent a letter to United States Attorney Thomas P. OíBrien of Los Angeles guiding him to seek a five year sentence. Mr. Jarrett was the head of the Justice Departmentís ethics office until Mr. Holder replaced him following allegations of prosecutorial misconduct in the botched corruption case against former Alaska Senator Ted Stevens.
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