MEDICAL POT PROVIDER'S SENTENCING POSTPONED

A federal judge in Los Angeles wants more information on the new U.S.
attorney general's comment that there are no plans to prosecute
dispensary owners operating within their state's laws.

A federal judge in Los Angeles on Monday postponed the sentencing of
man who emerged as a key figure in the national debate over medical
marijuana, saying he wanted additional information about a reported
change in the Justice Department's policy regarding such
prosecutions.

U.S. District Judge George H. Wu asked prosecutors for a written
response from the Justice Department about its position on medical
marijuana prosecutions in light of recent comments from Atty. Gen.
Eric H. Holder Jr.

Holder said last week that the Justice Department under President
Obama had no plans to prosecute dispensary owners who operated within
their state law.

Wu said he did not believe that any change in policy would affect the
conviction of Charles Lynch, 47. But the judge said he wanted to
consider any new information about the policy before imposing sentence.

Lynch is facing a mandatory minimum of five years in prison under
federal sentencing guidelines.

Assistant U.S. Atty. David Kowal told Wu he didn't think it would be
appropriate for the judge to consider any change in policy as it
relates to Lynch's impending sentence.

But wouldn't such a change "reflect somewhat on the seriousness of the
crime?" Wu asked.

"I don't think so, your honor," the prosecutor replied.

At one point, as Kowal sought clarification on what information Wu
wanted, he asked the judge why he wanted it.

"I don't have to justify as to why I want the information," the judge
replied.

Lynch's trial last summer showcased the issue of conflicting state and
federal marijuana laws.

Cultivating, using and selling doctor-recommended medical marijuana is
allowed under some circumstances in California and a dozen other
states, but federal law bans the drug altogether.

Lynch, of Morro Bay, had argued at trial that he had the blessing of
the mayor and other city officials when he opened Central Coast
Compassionate Caregivers in 2006. Lynch's defense attorneys wanted to
present evidence that he was providing a service to seriously ill
patients for whom doctors had recommended marijuana. But they were
barred from doing so because the U.S. Supreme Court has concluded that
why someone distributes marijuana in violation of federal law is irrelevant.

Prosecutors portrayed Lynch as a cynical entrepreneur who took
advantage of the state's medical marijuana law to sell about $2
million worth of the leafy drug over a roughly one-year period
beginning in 2006 until his store was raided by the authorities. They
accused him of carrying around a backpack stuffed with cash, like a
common drug dealer.