A Federal Judge Delayed the Assignment of Punishment in Marijuana Policy

LOS ANGELES- This Monday a federal judge decided to delay the assignment of punishment of a man condemned of running a medical marijuana dispensary, by the way the Department of Justice was asked to make it clear its overviewed position on such cases.

Eric H. Holder Jr. Attorney General pointed last week that federal management is not going to take legal steps in relation of medical marijuana dispensaries if the business accomplished by state and local laws, a departure from the Bush administration policy that federal narcotics laws held sway. You know that California was among those 13 states that ventured upon a new step and allowed the growth and sales of medical marijuana with a doctor's recommendation.

"The judge said this statement raises more questions than it answers," said Reuven Cohen, a lawyer for the defendant, Charles Lynch.

"He said he needed an explanation, and he needed it from the Department of Justice, not the local prosecutor."

As it was said by Thom Mrozek, a spokesman for the United States attorney in Los Angeles, he was not intended to comment on the peculiarities of the request by Judge George H. Wu, though state counsels are completely sure that Mr. Lynch penetrated state law. Mr. Lynch was condemned on five counts related to running a dispensary and selling medical marijuana to customers under 21 by a jury last August. As you know it is forbidden to sale marijuana and other narcotics to minors under a federal statute. Mr. Lynch faces a minimum amercement of five years in federal prison.

This situation attracted lots of supporters of medical marijuana, since Mr. Lynch was arrested after a 2007 raid on his dispensary in Morro Bay, Calif. In 2006 local news it was demonstrated how Mr. Lynch celebrating the dispensary's opening.He was shown shaking hands with the mayor and stood near local business leaders holding an ensign decorated with "Morro Bay Chamber of Commerce." Mr. Cohen stated that Mr. Lynch advocates came to the federal judgement-hall in downtown Los Angeles on Monday, but Judge Wu's statement was not the reason for absolution.

"He's scared," Mr. Cohen said of Mr. Lynch. "He's an engineer with no criminal record. In a million years, he never thought that this is where he'd be." Mr. Cohen said Mr. Lynch "has not violated any state laws."

Last summer Mr. Lynch was convicted under federal statutes by prosecutors moreover the case was not discussed in the trial. According to Mr. Mrozek statements made in Monday, Mr. Lynch had broken the state laws by selling marijuana for use by minors, at the same time his case means a penetration of federal law and that's was a serious problem.

Mr. Mrozek said both sides would have a conference with Judge Wu on Friday, but prosecutors may not have a filing from the Department of Justice by then. The sentencing hearing has been postponed until April 30.