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Open Letter Encourages Sanity in Sentencing of California Medical Marijuana Dispensary OwnerEd Rosenthal Special to Salem-News.com
Forward by Salem-News.com's Tim King.
(LOS ANGELES, Calif.) - Veteran American marijuana activist Ed Rosenthal has drafted a letter he hopes will have an effect on the outcome of the sentencing of a California medical marijuana dispensary owner.
Charles Lynch was in the opinion of thousands, possibly millions of Americans, completely railroaded by an overzealous California sheriff; one who overstepped his own boundaries countless times in the case.
The most basic information about California state law allowing medical marijuana use was disqualified because Charles Lynch was convicted on a federal level, and the United States government clearly, more than ever, does not respect the rights of states as outlined by the Constitution.
Lynch was never caught doing anything illegal, but he was hounded incessantly by San Luis Obispo County Sheriff Pat Hedges who enlisted the DEA to bring down the Morro Bay dispensary, one that was endorsed my the city's mayor and chamber of commerce directors as a 100% legal and legitimate business.
Lynch was convicted because his security guard sold a small amount of pot to a DEA agent when he was off work and miles from Lynch's dispensary.
All the feds will do if they sentence Lynch to prison time is create a martyr and I promise that to be the case. Along with a long list of famous celebrities supporting Lynch, we too will stay in the fray until this man is free and living a normal life.
When Lynch is sentenced tomorrow, for violating a law the President's new AG Eric Holder says will no longer be enforced, the authorities have a chance to show their honor to their word.
Here is Ed Rosenthal's letter:
The White House
Dear President Obama,
I am writing to you to request that you intervene in the Federal Prosecution and sentencing of Charles C. Lynch in Los Angeles. Charles C. Lynch operated a City Sanctioned Medical Marijuana Dispensary that complied with state and local laws in Morro Bay California. Lynch had a business license that clearly stated “Medical Marijuana Dispensary” as the type of business. He also had “Conditions of Business License” issued by the City of Morro Bay which he followed diligently and was a member of the local Chamber of Commerce. Lynch also went through the conditional use permit process and received a permit which allowed to him to have a Medical Cannabis Nursery.
During Lynch’s trial in August 2008 he was not allowed to talk about Medical Marijuana and was not allowed to use the California State Laws or the Constitution as an affirmative defense during his trial. Lynch was unjustly convicted in Federal Court and is facing Mandatory Minimum sentences ranging from 5 to 100 years. The Judge has asked for clarification from your administration on the ‘New Policy’ mentioned by Eric Holder, but instead got a letter from the Department of Justice employee Marshal Jarrett that says that Lynch was properly prosecuted and convicted according to the ‘New Policy’ but does not describe the ‘New Policy’.
Before opening his Dispensary Lynch called the DEA and inquired about Medical Marijuana dispensaries and they told him ‘it was up to the cities and counties’ to decide how to handle the matter. The DEA and Federal Government have singled Lynch out for prosecution for some unknown reason as hundreds of Dispensaries continue to operate around the State and Country. The DEA and US Attorney’s Office are now saying Lynch was breaking State Laws but has not elaborated or proved any such charges and Lynch was not allowed to discuss State Laws during his trial.
President Obama, the California Medical Marijuana Laws are based on the 10th Amendment to the Constitution. You have taken an oath to uphold the Constitution. I plead with you to have your Department of Justice officials dismiss the case and conviction of Charles C. Lynch. Even the Judge in the case was quoted at the latest Sentencing Hearing saying that if he could find a way around the Mandatory Minimums he would. Also the City of Morro Bay Mayor and City Attorney spoke at his most recent sentencing hearing and spoke highly of Lynch and his compliance with State and Local laws. The Mayor and City Attorney were not allowed to discuss details of Lynch’s compliance with Local Laws during his trial.
The investigation, trial, conviction and sentencing of Charles C. Lynch are a miscarriage of justice. Please use your Executive powers to end the persecution of Charles C. Lynch. Visit friendsofccl.com for more information.
This letter can be forwarded, Ed Rosenthal says those who want to get involved can send it to:
AND PLEASE DON'T FORGET TO USE OBAMA's FORM whitehouse.gov/contact/
Estimates are that a personal phone call has 1000 times the impact of a petition and 10 times a personal letter. Call to follow-up on your email, let them know it is coming, and to give the personal touch that only voice can.
Rosenthal and other experts suggest mentioning Obama's campaign promise to uphold states rights regarding medical marijuana. Also mention his oath to uphold the constitution and the 10th amendment which the California medical marijuana laws are based upon.
* Barack Obama (202) 224-2854
* Arnold Schwarzenegger (916) 445-2841
* Kamala Harris (415) 553-1751
* Loretta Sanchez
Member Name DC Phone DC FAX
Charles Lynch's sentencing takes place at 9:30 a.m. Thursday June 11th 2009, in Federal Courthouse, Courtroom #10, 312 North Spring Street in Los Angeles, California.
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