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Our mission is to reverse the trend of mass incarceration in Colorado. We are a coalition of nearly 7,000 individual members and over 100 faith and community organizations who have united to stop perpetual prison expansion in Colorado through policy and sentence reform.

Our chief areas of interest include drug policy reform, women in prison, racial injustice, the impact of incarceration on children and families, the problems associated with re-entry and stopping the practice of using private prisons in our state.

If you would like to be involved please go to our website and become a member.


Monday, June 15, 2009

Charles Lynch Gets Prison Term

NY TIMES

LOS ANGELES — A federal judge on Thursday sentenced the owner of a marijuana dispensary to a year in prison, a sign that providers of medical marijuana still face the possibility of jail time despite the Obama administration’s promise not to prosecute them if they comply with state law.

In imposing his sentence on Charles C. Lynch, who ran a dispensary in the surfing hamlet of Morro, Judge George H. Wu said the changed federal policy did not directly affect his ruling. But the judge talked at length about what he said were Mr. Lynch’s many efforts to follow California’s laws on marijuana dispensaries and the difficulty the judge had finding a loophole to avoid sending him to prison.

“I find I cannot get around the one-year sentence,” Judge Wu said of federal sentencing laws.

The judge said he had reduced the sentence from a mandatory five years because Mr. Lynch had no criminal record or history of violence, and did not fit the strict definition of a “leader” of a criminal enterprise.

Mr. Lynch, 47, was convicted last summer on five federal counts in connection with the running of his dispensary and the selling of medical marijuana to customers under 21.

Legal experts said the case highlighted the conflict between state and federal laws on medical marijuana. Federal law prohibits the cultivation, sale and use of marijuana for medicinal purposes, but 13 states allow it. In prosecuting for medical marijuana, the Bush administration had considered only federal laws.

Advocates of medical marijuana said the Lynch case would have a chilling effect on activities and undermine state laws. At his trial, and again in seeking leniency in his sentence, Mr. Lynch argued that he had complied with California’s law, which allows certain uses of marijuana with a doctor’s prescription.

“He is caught between California’s voter-approved medical marijuana system and the Bush administration’s single-minded effort to smother it,” said Stephen Gutwillig of the Drug Policy Alliance, an organization that favors a change in drug policy. “That Attorney General Holder changed federal policy three months ago only makes this miscarriage of justice all the more disturbing. Charlie is like a forgotten prisoner of war, abandoned after a truce was declared.”

2 comments:

Anonymous said...

I'm taking a legal research course. Just read that federal law does not supercede state law if state law is fairer to the accused. Is that a lie! or Is the federal statute being ignored? Did I misunderstand what I read? What's up? Plain Jane

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