Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Wednesday, March 25, 2009
Jacob Sullum :: Townhall.com Columnist
The End of Hysteria and the Last Man
by Jacob Sullum
Vote on It:
Average Vote:
[+] Text [-]
 
 
Poll
Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


Last week, Attorney General Eric Holder said the federal government would stop prosecuting medical marijuana distributors who comply with state law. Drug policy reformers immediately wondered how the change would affect Charlie Lynch, who last year was convicted of five felonies for helping California patients alleviate their suffering with marijuana. Evidently the judge charged with sentencing Lynch is wondering the same thing.

On Monday, when Lynch was scheduled to be sentenced, U.S. District Judge George Wu said he needed more time to consider the meaning of the Justice Department's new policy. Now that the Obama administration has promised to respect state medical marijuana laws and leave people like Lynch alone, the injustice of sending him to prison is even more glaring.

Since mid-2006, the Drug Enforcement Administration (DEA) has raided at least 80 medical marijuana dispensaries in California. During his campaign, Barack Obama repeatedly said he would end the raids, and last week, his attorney general gave the clearest sign yet that the president intends to keep that promise. "The policy is to go after those people who violate both federal and state law," Holder said.

Lynch, who is now scheduled to be sentenced on April 30, does not seem to be one of those people. He openly ran a medical marijuana dispensary in Morro Bay for a year, with the sanction of state law and the support of local officials, before the DEA closed it down. Last August he was convicted of five distribution and conspiracy charges that carry combined penalties of five to 85 years in prison.

After the verdict, the jury forewoman said, "we all felt Mr. Lynch intended well," but "under the parameters we were given for the federal law, we didn't have a choice." In letters to Judge Wu, two other jurors have described the case as a miscarriage of justice, saying they felt constrained to convict Lynch because they were told state law was irrelevant.

Lynch's story -- including his cooperation with local officials, his inability to discuss the medical use of marijuana at his trial, and the regretful jurors -- is reminiscent of the case against Ed Rosenthal, who grew marijuana for patients under an arrangement with the city of Oakland. Rosenthal was convicted on federal drug charges in 2003 and again in 2007, after an appeals court overturned the first verdict because of juror misconduct.

Like Wu, U.S. District Judge Charles Breyer, who presided over Rosenthal's case, refused to allow any explanation of the defendant's motivation, since federal law recognizes no legitimate use for marijuana. And like Lynch, Rosenthal faced a mandatory minimum sentence of five years. But in a surprising turn, Breyer sentenced Rosenthal to one day, which he had already served.

Breyer's leniency was based on his conclusion that Rosenthal had honestly and reasonably believed he was acting within the law. Thus Breyer essentially took into account at sentencing the defense he had not allowed during the trial.

Breyer's legal rationale was a "safety valve" provision that allows departures from the five-year mandatory minimum sentence for growing or distributing more than 100 kilograms of marijuana. This provision applies to cooperative defendants with minimal or no criminal histories who do not possess a firearm, threaten or commit violence, cause death or serious injury, or play a "leadership role."

Since Lynch had employees at his dispensary and was convicted of conspiracy, meeting that last criterion might be tricky, but otherwise he seems to qualify. In Rosenthal's case, the federal appeals court implicitly approved the one-day sentence in a footnote to its decision ordering a retrial.

Unlike Rosenthal, who faced a vindictive Justice Department that unsuccessfully challenged his sentence and then tried to pile on new charges in his second trial, Lynch faces a Justice Department that ostensibly understands the merits of federalism in this area. Assuming Obama is serious about letting states set their own medical marijuana policies, there will be no one to second-guess Wu if he finds a way to keep Lynch out of prison.

Share:
Vote on It:
Average Vote:
 
About The Author
Jacob Sullum is a senior editor at Reason magazine and a contributing columnist on Townhall.com.
 
TOWNHALL DAILY: Be the first to read Jacob Sullum's column. Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.
 
©Creators Syndicate
About frakking time!!!!
That's all. Let the 10th Amendment MEAN something for once.

-Ray
NRA Life Member
Soli Deo Gloria!!

what are you thinking
so if i understand you right the war on drugs was wrong that men and women like me that fought it was wrong. that our blood our tears the lost of our youth means nothing i for one think you are wrong

Good intentions...
"we all felt Mr. Lynch intended well," but "under the parameters we were given for the federal law, we didn't have a choice."

This sounds a lot like, "Wir waren nur folgende Ordnungen."
"We were only following orders."

Same thing for the "war on drugs."
Same thing for the 'war on homeschoolers' in the 1980's.
It's the law! It's the law!

Just doing your job...
Listen to yourselves. You ought to be ashamed.

Meanwhile, the well-intentioned law enforcers ignore wholesale murder in abortuaries. "It's the law!"

You who feel so self-righteous about raiding homes because they have 'illegal' plants are perplexing.
Did it ever occur to you the same plants are used by the pharmaceutical industry?
The opium cartel is still wholly owned and controlled as such? Do you care? Why can some countries grow opium for pharmaceutical companies while others cannot?
Let me guess, "It's the law!"

What constitutes a bad plant? Did it ever occur to law enforcers they are just pawns in a protectionist scheme originally devised by the paper industry against free market competition?
You do know paper can be made with marijuana and hemp stems instead of trees?
Nah-those plants are bad! "It's the law!"
What is the difference between morphine a 'legal' drug and 'purified opium' an illegal drug?
Answer: Where it's made, who makes it and who sells it. So, it's true; the state does control the means of production and distribution.
But we aren't socialists-yet.

"Wir waren nur folgende Ordnungen."

Happy Now?

an interesting case
The two men Sullom discusses should never have been tried. And it appears that with Holder at Justice there will not be another such case brought.

It is less clear what the legal significance of the Holder statement is to already decided cases. Holder has not voided federal law (he has no such power) he has simply stated his intention to prioritize more serious cases.

Sullom seems to want to use the Holder statement as a justification for a kind of jury nullification (really judge nullification). Given the absurdity of bringing such cases, there is some appeal to that. But I am not crazy about the advocating of judges bending the law, even to do what is right.

Parker
You hit the nail squarely on the head!

I would like to add, it is all oh so similar to disputes involving gambling in the past.

What is the difference between a bunch of friends getting together for a game of poker where betting is involved and some government controlled casino doing the same thing?

Answer. The person collecting the money! If it is government goons who collect the money and turn half of it over to government, then it’s just fine and dandy. But if it is private citizens doing the same thing for their OWN profit and pleasure then it is illegal because gambling corrupts our fragile society.

Real conservatives would not support government intrusion into either venture.

Lon
Just a hunch, but are you a judge?

Enjoyed your analysis.

Holder's motives are probably more about "peace, love and high times" than about justice.

Dreams of My Father
Legalize Drugs.
Release Muslim Terrorist
Ban Smoking Except in the White House
Let the innocent out of jail/prisons
Tax Smokers and AIG Employees @90%
Don't Punish Women with Babies
Beg Iran to Love America
Ban the U.S. Military
Ban Nuclear Defense of America
Destroy the Oil & Coal Industry
Just to name a few, and taxs, taxs, taxs. Maybe America is on the "Right Track" now, and we can legalize smoking cigarettes,sex with minors,and
porno films in our elementary schools. Sounds like "Good Liberal" polices to me. Just do whatever you want to as long as the Government can Tax you for it, an our First African American U.S. Attorney General want put you in jail. Ah...the dreams of my father,he voted for this.


Lynch's problem
is that he is an American and was observing the laws of his state.

Had he been an illegal and smuggling the drugs into our country, he would've been given immunity as long as he testified against the border agents who arrested him.

Dreams of a Neo-Con
1. Start a war with Russia
2. Wire tap all domestic phone calls just in case somebody says something offesnive about Israel.
3.Refuse to negotiate with iran. Hope they will hate us and/or Israel so we can start a war with Iran.
4. Bankrupt the U.S. economy in order to expand a world empire
5. Re-start the draft so there will be plenty of cannon fodder to fight neo-con-Zionist wars
6. Throw all pot smokers in jail so lawyers and the military-police complex can get filthy richer
7. Wreck the U.S. economy so that a socialist agenda will be the "only alternative"
8. Brainwash schollkids that the U.S. is a superior democracy and that any people who choose not to imitate our form of government are sub-humans who deserve extermination
9. Glorify war, uniforms, regimentation, etc. in the name of "patriotism."
10. Laugh at our founders like George Washington who warned agsint "foreign entanglements. After all, what good is America if it can't destroy itself the way the Roman Empire did?

How About This?
How about we do the right thing? Bill Buckley, George Schulz and Patrick J. Buchanan among other "libertarians" in this regard have argued for the...legalization of marijuana, etc.

Makes sense to me. And I agree, Lynch should not go to prison. In any case, he should write a book about his experience with this manifest injustice.

As for the Last Man, I'm not sure I get that unless it somehow alludes to an obscure German philosopher!

Hey Eddie L
Dude, you've got to stop listening to people that make their living by scaring you. Outrage and fear is their currency. None of these things you worry about have happened, or will. They are worst case scenarios that are being drummed up by twisting reality to make you afraid. I think it's working. Stop living in fear and do some thinking for yourself. Pay attention to what is happening, not what someone else is telling you is going to happen in their imagination. Peace-

Decriminalize and DO NOT TAX!

I think drug laws that restrict what anyone can put in their body are nuts. However, I am shocked by the number of people who also think that drugs, in this case plants, should be regulated and taxed! WHY?

Because you are all trying to bargain with the statists who believe they know what is best for you and who see everything as an opportunity to insert government and make money. It's liberal-light! This is NOT conservatism. I wouldn't give ONE INCH to government to have ANYTHING to do with a plant I could grow in my own backyard. What if all those regulations and taxes came into being? How much will MJ cost? Oh, yeah it'll be cheap----NOT! And why would you think growing it wouldn't be restricted to "medical" or "pharmaceutical" companies? Get a grip people! Tell everyone to "decriminalize" and not legalize pot and that you won't pay one red cent in taxes!

Two circle jerks in one blog!
Lenard and Eddie L!! All they need is a tub of KY.

-Ray
NRA Life Member
Soli Deo Gloria!!

LEGALIZE tax it if you want
Given that we tax just about everything under the Sun, I don't mind so much if legalized drugs were taxed. So long as they're LEGAL.

We can worry about over-taxation as a separate topic.

Note, I said LEGALIZE, not "decriminalize". The latter is just a "wishy-washy" way of making it "sorta kinda maybe almost" legal. More or less, it's still against the law, but the cops all look the other way (coz they have more important issues, like burglary, rape, murder, and handing out speeding tickets.)

But I'll take that over the status-quo.

Dreams of a libtard Leonard
1-100 for the libtard : war war war war war war war war war war and I'm a libtard freak and I'm against it and everyone not a libtard freak psycho like me and therfore a "neocon" is for endless war war war war war war war war war war war war war war war screw the balkans it never happened war war war war war clinton never invaded haiti with 20,000 marines you liar war war war war war war nixon did veitnam not jfk or lbj war war war war neocon neocon war war war truman made peace not nukes war war war war war I'm a lying sack of lib crap named leonard war war war war war war flappy ears never sent more troops to the right war war war war war war
_________-
There you have it, the insane dopehead libtard freak, no need for drugs, they're already GONE.

An ambitious shrink
could send a tribe of kids through college just treating the average gaggle of lib-tards.

They ditched BDS for ODS. The only diff is ODS keeps them FROM seeing anything wrong with O'Vomit.

-Ray
NRA Life Member
Soli Deo Gloria!!
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.