MEDICAL POT: WHAT'S NEXT?

Raids Ending, But Charges, Convictions Stay On Books

U.S. District Judge George Wu on Monday postponed sentencing for
Charles Lynch, operator of a medical marijuana dispensary in Morro
Bay who had been convicted on federal marijuana distribution charges.
After all, U.S. Attorney General Eric Holder said last week that the
Obama administration's policy will be not to conduct raids and
prosecutions on patients and providers in states with medical marijuana laws.

This is a welcome recognition of the importance of federalism as a
way of allowing states to conduct policy experiments in our
constitutional system as well as a more intelligent marshaling of
limited federal law enforcement resources. But as Judge Wu noted, for
somebody in his position, it created more questions than answers.
Lynch has been convicted, but given the new federal policy, what
should be the appropriate sentence -- the harsh five-year minimum
prosecutors have recommended, jail time already served, or a
suspension of sentence? Or would it be best if, in light of the new
policy and the fact that Lynch has not been sentenced yet, the
government moved to dismiss the case?

Some dispensary operators have been raided and are presumably still
under investigation though no charges have been filed. Some have been
indicted -- perhaps as many as 60 to 80, according to Joseph Elford,
an attorney for the advocacy group Americans for Safe Access. And
perhaps two dozen people are already serving time.

Judge Wu's request for advice from the Justice Department rather than
the local prosecuting attorney will force the department to add
considerable details to what was a bare-bones statement of intent by
Mr. Holder. We would suggest that the cases of everybody who has not
yet gone to prison be dropped unless there is rock-solid proof that a
provider was really using medical marijuana as a front for
distribution that would have been illegal under state law. We'd like
to see the sentences of those serving time commuted, but that might
be a stretch.

We hope the Justice Department will move quickly and favorably to
grant Judge Wu's request.