I hope by now everyone knows Charles Kafkaesque dealings with the DEA and US Attys. The short story is Charles owned a Medical Marijuana Dispensary in a small town in Central Ca. Charles is the kind of guy who did all his research, got all the needed permits and bus. lic.s before his Grand Opening. That Grand Opening had the local Mayor and Members of the City Counsel there celebrating the opening. To this day those same people say there was never any problems surrounding the dispensary until the Feds charged in. That was a couple yrs ago.
Most people I know consider his trial a farce. Judge Wu refused to allow any testimony about Ca. Laws, or Medical Marijuana, taking away most if not all of the Defense. Sentencing was set for a few weeks ago and when everyone showed up for that sentencing the Judge surprised everyone by saying he didn't want to go forward until he saw the "new policy" in writing. That brings us to today. Judge Wu never got the policy in writing, instead he was sent a letter saying that the DOJ supported the local US Atty.
It was my hope that Judge Wu would unbraid the US Atty and continue to demand to see the policy in writing. Because the DOJ has yet to put anything in writing so we can all know what the new rules are it's like we are back in the Bush Days living under a Secret Law. That would be Unconstitutional wouldn't it ?
The DOJ has recommended that Charles do the Minimum Mandatory of 5 yrs in Prison plus yrs of supervised release. Since the Federal Sentencing Guidelines are now left more to the Judges discretion Judge Wu could do anything he likes from time served, up to 100 yrs by some reports. Other Judges in the last couple yrs have given time served to those in the same boat as Charles but I don't think anyone believes Judge Wu will be that merciful. The day Charles was found guilty Reason online magazine had this to say,
There's only one good possibility to come out of this verdict: That its manifest injustice and stupidity and inhumanity (to Lynch and his customers) will help spark a long overdue reaction to the drug war and its punishing toll on individuals and basic Constitutional rights. California Medical Marijuana Dispensary Owner Charlie Lynch Found Guilty in Grotesque Miscarriage of Justice
As I sit here today waiting to hear what has happen I'm upset that Eric Holder didn't take this chance to show us that things had changed for the good. I can't begin to express how disappointed I was not to finally see this new policy in writing and that AG Holder and Pres. Obama has backpedaled on change we could of believed in. I can't think of one single good thing that will come of putting Charles in prison. He doesn't need to be punished nor does he need Rehab'd. Under this so-called "New Policy" most believe Charles would not be arrested, most people that aren't the DEA or US Atty. Their stance is still a real mystery because they have never explained what State law Charles is supposed to have broken. Since the Local Sheriff spent a yr investigating Charles before giving up and calling in the DEA to do his dirty work, chances are Charles did not break any State or Local Laws. The supposed threshold for the Feds to be involved.
Charles has vowed to fight this all the way to the Supreme Court. I hope it doesn't come to that but if it does I will be writing about it and supporting him as best I can. Our current system is totally flawed. Just the other day Richard Daleman showed up at the Tulare County Courthouse in Visalia to pickup 12 Pounds of Pot the Judge ordered returned to him by the Sheriff.
The marijuana belonged to Richard Daleman, who on March 27 was acquitted by a jury of growing and selling marijuana.
A judge ruled last week that the medical marijuana confiscated from him in December by Tulare County sheriff's detectives had to be returned.
Daleman, 61, and his county public defender, Andy Rubinger, retrieved the marijuana Wednesday from the courthouse evidence room. It came out to just more than 12 pounds, Daleman said.
"There were about 3 ounces missing," he said. http://www.visaliatimesdelta.com/...
Richard didn't complain about the missing 3 oz., he probably thought whoever got it, needed it, beside with 12 pounds he could afford to be generous. The story goes on to report his next crop is already in pots and growing. Yet even Richard must live in some fear that the DEA will swoop in some day and arrest him. Is it any wonder that Charles thought he was doing all the right things when we in Ca. read stories like this all the time ?
I'm posting this diary now, at 3:00 pm West Coast Time as I wait for more news.
Update : The hearing was late getting started and the Jduge fas said he will rule another day, details just coming in , slowly.