Patient Advocates File Brief in Support of Federal Appeal by Medical Marijuana Dispensary Operator
Widely supported former dispensary operator appeals conviction to 9th Circuit amidst ongoing federal crackdownSan Francisco, CA -- Medical marijuana advocacy group
Americans for Safe Access (ASA) filed an amicus 'friend of the
court' brief yesterday in a federal appeal brought by California
dispensary operator Charlie C. Lynch. Lynch's case drew a lot of
attention during his 2008 trial and June 2009 sentencing under an
Obama Justice Department. Though Lynch was supported by local
officials and the Chamber of Commerce in Morro Bay, where his
state-compliant dispensary Central Coast Compassionate Caregivers
(CCCC) was located, the Drug Enforcement Administration (DEA) raided
and shut down CCCC in 2007 anyway, much like the DEA is doing today.
A hearing in the Lynch appeal is expected this winter.
"We feel strongly that the federal government is abusing its
prosecutorial discretion on medical marijuana cases like Lynch's,"
said ASA Chief Counsel Joe Elford, who filed the brief in support of
Lynch. "These types of prosecutions against medical marijuana
providers continue unabated under the Obama Administration based on
more than 70 such indictments since the president took office,"
Elford continued. "We must stem the tide of federal prosecutions and
instead defer to state courts to deliberate violations of state
law." Though the Obama Administration sought a 5-year sentence for
Lynch, federal District Judge George H. Wu considered Obama's
declarations of tolerance toward medical marijuana and in 2009
sentenced Lynch to a year and a day.
Lynch's appeal comes as the Obama Administration is spending
significant resources to shut down state-compliant medical marijuana
dispensaries. Despite declarations to the contrary, the Obama
Administration has engaged in a full-frontal attack in medical
marijuana states. His U.S. Attorneys have threatened hundreds of
property owners with criminal prosecution and asset forfeiture if
they continue to rent to facilities permitted to operate under state
law. Local and state officials have been similarly threatened
against adopting laws that would permit such facilities. Under the
specter of federal action, hundreds of state-compliant dispensaries
have been shut down over the past year.
Although President Obama and U.S. Attorney General Eric Holder
publicly contend that the Justice Department is only targeting
facilities violating state law, evidence clearly indicates
otherwise. As an example, Attorney General Holder testified before
the House Judiciary Committee that his Justice Department only
undertakes enforcement actions against medical marijuana
organizations operating "out of conformity with state law." Yet,
four days later, on June 11, 2012, the DEA raided another widely
supported, fully-permitted Sacramento dispensary, El Camino
Wellness.
"Attorney General Holder and President Obama must be held
accountable for their aggressive over-reaction in medical marijuana
states," said ASA Executive Director Steph Sherer. "They're either
ill-advised about what the Justice Department and other other
federal agencies are doing in medical marijuana states, or they're
lying to American public."
This month, The Open Neurology Journal published a study by
one of the leading medical marijuana researchers in the country, Dr.
Igor Grant, explaining that the federal placement of marijuana in
Schedule I -- as a dangerous drug with no medical value -- was "not
accurate" and "untenable." Dr. Grant and his colleagues at the
Center for Medicinal Cannabis Research (CMCR) have conducted most of
the country's research on the therapeutic value of smoked or
vaporized marijuana, and what they've found has consistently
contradicted the federal government's position.
ASA has also filed a lawsuit against the Obama Administration to
reclassify medical marijuana, which is pending before the D.C.
Circuit and will likely be heard this fall. ASA is challenging the
DEA's 2011 denial of a 9-year-old petition to reschedule marijuana
and the federal position that marijuana has "no currently accepted
medical use in treatment in the United States,” has a “high
potential for abuse.”
Further information:
ASA 'friend of the court' brief in support of Charlie C. Lynch: http://AmericansForSafeAccess.org/downloads/Lynch_Amicus_Brief.pdf
Case info and publicity on Charles C. Lynch: http://www.friendsofccl.com
Medical marijuana study in The Open Neurology Journal: http://www.benthamscience.com/open/toneuj/articles/V006/18TONEUJ.pdf
Pending ASA lawsuit appeal on rescheduling: http://AmericansForSafeAccess.org/downloads/CRC_Appeal.pdf
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