LEGALIZE MARIJUANA?: FARMINGTON GRADUATE IN MEDICAL DRUG DEBATE

The clash between federal and state governments about the legalization
of medical marijuana hit home for one former Farmington resident.

He was convicted last month of federal drug distribution despite state
laws that allowed it.

Charles Lynch, a 1980 Farmington High School graduate, was found
guilty in a federal court Aug. 5 of five counts of distributing drugs.
Lynch, 46, owned and operated a medical marijuana dispensary in Morro
Bay, Calif.

California was the first of 12 states, including New Mexico, to
legalize medical marijuana, yet federal statutes trump state laws. The
U.S. Supreme Court concluded that the reasons the drug is distributed
are irrelevant, and prescribers, distributors and users can be
federally prosecuted.

California legalized possession of the drug for medical reasons in
1996; New Mexico passed a similar law last year.

Lynch, who moved to California shortly after earning a degree in
computer science from the University of New Mexico, opened a
dispensary in 2006, a decade after the state legalized sale of the
drug. Dispensaries, like pharmacies, are subject to strict laws and
owners can distribute only to clients with prescriptions or referrals
from medical doctors. Lynch's interest in medical marijuana stemmed
from his own experience.

"I suffered from migraine headaches that were so bad I wasn't able to
keep a job," he said during a phone interview. "After trying all kinds
of traditional methods, I tried medical marijuana."

Migraines are on the list of approved conditions for use of medical
marijuana, but regulations are stiff and dispensaries are sparse.
Lynch traveled 100 miles each way to the nearest dispensary to fill
his prescription. He opened his facility, Central Coast Compassionate
Caregivers, with the blessing of elected officials in Morro Bay.

"The city welcomed me with open arms," he said. "The mayor, the city
attorney, the city council supported me. The city granted me a
business license, and I found a compassionate landlord to allow me to
open my facility."

A couple of months later, Lynch received a nursery permit that allowed
him to grow cannabis at his facility.

Police raided the dispensary in March 2007 and Lynch's landlord was
threatened two months later with seizure of his property if he did not
evict Lynch.

Lynch was arrested in July 2007 and convicted 13 months later. His
sentencing is next month, and he faces five to 85 years in prison.

The trial

Prosecutors claim Lynch violated federal law by selling $2.1 million
worth of marijuana in less than a year. During the 11 months his
facility was open, Lynch served about 3,000 clients, he said.

"I was the only dispensary in a 400-mile radius," he said. "I gained a
lot of clients in that year, but many referrals are good for only
about a year, so I didn't have all 3,000 clients at the same time."

Prosecutors fault Lynch for selling to clients who were not old enough
to drink, including 17-year-old Owen Beck, a high school athlete who
lost a leg to bone cancer. The teen's parents took Beck to Lynch's
facility after traditional medication failed to ease his pain.

About 250 of Lynch's clients were younger than 21, Assistant U.S.
Attorney David Kowal told jurors during the trial. Selling to these
clients carries sentencing enhancement under federal law.

Prosecutors also tried to prove Lynch was making a profit, according
to court documents.

In his opening statement, Kowal told jurors Lynch distributed more
than 100 kilos of marijuana, and when the facility was raided, police
and federal agents discovered a backpack containing $27,000 in cash.

The money possibly was part of an illegal side business orchestrated
by one of Lynch's employees, Lynch said.

"One of my employees allegedly was selling on the streets," he said.
"The government held me criminally liable for that."

Lynch's defense attorneys tried to argue their client was dispensing
the drug to sick people in accordance with state law, but U.S.
District Judge George Wu banned the term "medical marijuana" from his
courtroom, according to court files.

Jury selection also was difficult, with potential jurors citing
confusion about the conflict between state and federal laws or strong
opinions about medical marijuana.

The defense called the case an entrapment, claiming government
officials led Lynch to believe his actions were legal, when actually
they put him in a position to be prosecuted.

Lynch's attorneys also argued that he was targeted unfairly when there
are hundreds of dispensaries operating in California.

Lynch was convicted of one count each of possession of marijuana with
intent to distribute, criminal conspiracy and maintaining a drug
house, and two counts of selling to people younger than 21.

Lynch maintains he was within his constitutional rights.

"The California law was based on the 10th amendment," he said. "It
gives the states the right to rule themselves."

Local support

Lynch's mother, Bodine Jones, was at home in Farmington last July when
she received a call from one of her son's friends.

The man told her Lynch was in jail after being arrested on federal
drug distribution charges.

"We were devastated," said Lynch's sister, Amanda Garcia. "We
immediately packed our bags and jumped into the car and drove to
California."

Bail was set at $400,000, which the family posted in real estate and
cash. Lynch was released, but fitted with an ankle monitor and placed
on house arrest.

His family, two brothers and one sister, stood by him during the trial
and continue to support him.

"In our minds, he has done nothing wrong," Garcia said. "Maybe his
biggest crime was being a little bit naive."

Jones said she looked up to her son because of the risk he took to get
medical marijuana to sick clients. Lynch often distributed marijuana
at no charge to those who needed it most, according to court records.

"I am 100 percent in favor of him," Jones said. "He was exploring new
frontiers, and he was doing it legally. He was proud of his operation,
and I was proud of him, but saddened that the federal government
focused on him."

Lynch has no criminal record, and locals remember him as a model
citizen.

Gene Bennett, owner of The Frame Corner in Farmington, taught art at
Tibbetts Middle School in the 1970s. He remembers Lynch as a "great
kid."

"It's been a lot of years," he said, "but he was a great student, a
great kid. I was really shocked when he got into this mess. I can't
believe he would be anything but up front. He was always the
straight-arrow type."

Lynch will ask the federal judge Oct. 6 for a new trial. If denied, he
will be sentenced Oct. 20.

How to help

The Lynch family is gathering signatures on a petition asking for
leniency in sentencing for Charles Lynch. For information, call (505)
325-6303 or visit www.amandagarcia.com/stopthelynching.

Legalizing medical marijuana

States that have enacted laws to legalize medical marijuana:

Alaska, 1998

California, 1996

Colorado, 2000

Hawaii, 2000

Maine, 1999

Montana, 2004

Nevada, 2000

New Mexico, 2007

Oregon, 1998

Rhode Island, 2007

Vermont, 2004

Washington, 1998

Diseases and conditions for which medical marijuana can be
prescribed:

AIDS

Alzheimer's Disease

Anorexia

Arthritis

Cachexia

Cancer

Crohn's Disease

Epilepsy

Glaucoma

HIV

Migraines

Multiple Sclerosis

Nausea

Pain

Spasticity

Wasting Syndrome

*Source: U.S. Government Accountability Office, November 2002