Cannabis Dispensary Owner May be Locked Up in Jail
National authorities have been continuing their activities on shutting down medical marijuana clinics and dispensaries t hroughout California in spite existing state law.The Compassionate Use Act of 1996 or the Proposition 215 permits patients having recommendations from licensed physicians or marijuana doctors to grow and acquire marijuana only or medical purposes. However, federal law claims it is illegal to acquire, distribute, or cultivate any kind of marijuana or whatever use it may serve.For instance, a previous Morro Bay owner of a medical cannabis dispensary, Charles lynch, will be sentenced in the Los Angeles Federal Court House on March 23 for violating federal drug laws.
n August 5, 2008, Lynch was found guilty on five federal counts. His charges include criminal conspiracy and ossession with intent to distribute. Lynch said that his case has destroyed his life after being seen for one week on the ront page of the DEA Web site. Lynch was a former medical marijuana patient who opened Central Coast ompassionate Caregivers to patients and other users (caregivers, providers, marijuana doctors) having a licensed hysician’s or marijuana doctor’s recommendations. Lynch may face a minimum of 5 years in federal prison.Morro Bay ayor, Janice Peters and City Attorney Rob Shultz testified at the trial. Peters claimed that medical marijuana linics and dispensaries in their area are worthwhile as many patients and marijuana doctors use and recommend edical marijuana for glaucoma and even cancer symptoms. On the other hand, Schultz claimed that the council had et ll city requirements although the federal law said marijuana is still a controlled substance, which prompts them to rrest anybody with the said substance.
On the other hand, the controversial case of Lynch brought to light to varying federal and state laws in terms of using nd selling marijuana. Under California law, growing and distributing marijuana is legal in some cases. In line with this, california becomes one of 13 states, which allow legal medical marijuana practices. In accordance to the Attorney eral’s 2008 guidelines on using medical marijuana, the law does not recognize medical marijuana clinics dispensaries; however, these medical marijuana clinics and dispensaries have been operating for years in California. y collectives and cooperatives are being recognized as group entities allowed for cultivation and distribution.
Based on the guidelines, medical marijuana clinics and dispensaries that do not comply with the guidelines are bably erating beyond the protections of the Medical Marijuana Program and Proposition 215. Thus, the individuals patronizing such medical marijuana clinics and dispensaries including patients, caregivers, and marijuana doctors (who recommend the drug) may be subject to criminal prosecution under the law of California. Charles Lynch wrote to the senators, representatives, and the governor after being disappointed with the lack of support from the state. However, the responses given to him indicated that his case was a federal matter and nothing can be done to support im. Moreover, Schultz claimed that Lynch called the Drug Enforcement Agency (DEA) officials who apparently told im that legal enforcement for medical marijuana clinics and dispensaries was under the discretion of the county and city. Consequently, Lynch was able to get the city’s permission prior to opening his dispensary. In this light, Lynch believed that he was not violating any laws. Despite this, DEA officials and country sheriff claimed that Lynch was a drug trafficker, selling marijuana to teenagers who carried backpacks full of hash.
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