California Weekly Round Up 8/8/08
August 8th, 2008Posted by George Pappas
In the Midst of National Attention and Community Uproar, Charles Lynch Found Guilty on All Counts
Request for a new trial scheduled for October 6th; sentencing scheduled for October 20; attorneys vow to appeal
Charles Lynch, the Morro Bay collective operator who’s recent federal trial gained national attention, was found guilty on Tuesday of all five counts against him, including marijuana cultivation, conspiracy, trafficking, and selling to a minor. As a result, he could face a minimum of 5 years, and up to 100 years in jail, although the judge might not be constrained by mandatory minimums, since it was obvious Lynch was not a drug kingpin. Read up-to-date accounts on ASA’s blog.
Despite this “obvious” assertion, prosecutors did indeed try to portray Lynch as a “drug kingpin”. Although Lynch operated a medical cannabis dispensary in compliance with California’s voter approved Compassionate Use Act, as well as the more recent Medical Marijuana Protection Act, enacted by the state legislature in 2004, the the words “medical marijuana” were not allowed in any evidence or testimony. Because the federal government refuses to acknowledge that cannabis has medical value, the court ordered, as in all federal medical cannabis cases, that Charles Lynch be tried as a large scale drug dealer. The absurdity and confusion of the scenario was apparent in this particular trial, as the jury heard evidence that Lynch’s dispensary was licensed by the City of Morro Bay, received cooperative support from the Morro Bay Chamber of Commerce, the Morro Bay Mayor, and local police chief Patrick Hedges, and was widely viewed as a prominent and welcome member of the community.
Lynch’s defense was based on the premise of “entrapment by estoppel”, in which he claimed he’d spoke with representatives of the federal DEA about his dispensary prior to opening, they referred him to local officials about his questions, and that he understood he wouldn’t be prosecuted if he opened a medical cannabis dispensary. His attorneys argued that Lynch was entrapped.
The case has received wide attention as the conflict escalates between State law and what some have said are the increasingly malicious practices of the DEA. DEA is accused of undermining numerous state laws that allow patients to use cannabis with a doctor’s approval. In New Mexico they threatened federal prosecution of state officials if they implemented their legislatively approved program. However California’s state-sanctioned medical cannabis dispensaries have received the most attention.
Drew Carey’s reason.tv, CNN, and many other national media outlets have been covering the story. Media attention was further stoked by the fact that DEA agents raided two additional Los Angeles area dispensaries, and three in San Diego, while the trial was underway.
Sentencing for Lynch is scheduled for October 20th. Lynch’s lawyer, Lou Koorey, is planning to file a motion for a new trial in US District Court in Los Angeles on October 6th. See the Special Events section below for info on ASA’s October 6th protest!
Courts of Appeal Deliver Two Favorable Medical Cannabis Rulings
by ASA Chief Counsel Joe Elford
Last week will go down as the busiest week for medical cannabis in the California courts of appeal. In a two-day span, the court issued three published decision in medical marijuana cases, all in favor of medical cannabis patients. This is a very welcome trend after the first several years of a series of bad decisions. Read all about it on ASA’s Blog
The most well-known case is the San Diego case, which you can read about here. The other two cases involve the denial of medical cannabis defenses in cases of patients who possessed more than the SB 420 guidelines.
One case is People v. Windus, where the Court of Appeal for the Second Appellate District (Los Angeles) held that the trial court improperly denied a medical cannabis defense to the defendant because his recommendation had “expired” and he possessed more than eight ounces of dried cannabis. The court held that the defendant’s medical cannabis recommendation did not expire, even though the doctor who issued it required yearly evaluations. The court further held that patients are not bound by the quantities specified in SB 420, but may possess an amount of cannabis that is consistent with their personal medical use. You can Click here to view the ruling.
The other case, People v. Phomphakdy, which comes out of the Court of Appeal for the Third Appellate District (Sacramento). Following a recent trend in the courts of appeal, the court agreed with the People v. Kelly decision and held that the quantities of cannabis specified in the Medical Marijuana Program Act (SB 420) constitute an unconstitutional legislative amendment of a voter-approved initiative. You can Click here to view the ruling.
New Study Finds Cannabis Effective For Neuropathic Pain In HIV
In a double-blind, placebo-controlled clinical trial, researchers at the University of California, San Diego School of Medicine once again found that smoked cannabis was effective in reducing neuropathic pain associated with HIV.
The study, sponsored by the University of California Center for Medical Cannabis Research (CMCR) based at UC San Diego, comes on the heels of a 2007 clinical trial by UCSF’s Dr. Donald Abrams that also found cannabis to reduce neuropathic pain for those with HIV.
The federal government, including NIDA, DEA, and FDA, continue to claim that there is “no scientific evidence” that cannabis has medical value, an assertion that drives federal policy and is the root cause for DEA’s attempts to undermine medical cannabis laws in California and 11 other states. The double-blind, placebo controlled is the gold standard for medical research, and this study comes atop mounds of research and data finding a large variety of therapeutic benefits in cannabis.
The study’s findings are consistent with and extend other recent research supporting the short-term efficacy of cannabis for neuropathic pain, also sponsored by the CMCR.
Please read more here: http://www.medicalnewstoday.com/articles/117509.php
DEA Raids: Against the Backdrop of Charles Lynch Federal Trial, Four Collectives Raided in San Diego
On August 5th, Narcotics agents raided four San Diego medical cannabis dispensaries and made three arrests as the ongoing federal trial of Charles Lynch continued to received national prominence.
Federal authorities said the dispensaries were not distributing within the limits of state Proposition 215. However, Proposition 215 did not set limits, and those set by the California State Legislature in the 2004 Medical Marijuana Program Act have been ruled unconstitutional by three separate California Appeals Courts in the past week.
Drug Enforcement Administration and county Narcotics Task Force agents served search warrants at Answerdam on Convoy Court, Plan B Coastal Care Group on Adams Avenue, Chronic Care Providers on Daggett Street and Safe California Access on Murphy Canyon Road. Three men, ages 59, 35 and 26, were arrested at three of the businesses on suspicion of marijuana sales and possession for sale, DEA spokeswoman Eileen Zeidler said.
Meanwhile, the San Diego County Board of Supervisors continues what some have said is a fruitless court battle against having to implement the state mandated ID card program that would allow patients to be easily identified by law enforcement.
The board voted 4-1 yesterday, with Supervisor Ron Roberts opposing, to continue to spend thinning local resources to ask the state Supreme Court to review its lawsuit. San Diego County has been ruled against in both Superior and Appellate courts, and many speculate it is very unlikely that the Supreme Court will hear the case.
The 4th District Appellate Court “missed the point” of the case, according to Tom Bunton, senior deputy county counsel, who was quoted in local media.
