In California Marijuana Truce, a Legal Gray Area

According to author Alison Stateman (Time magazine), she addresses the reoccuring issue on whether Marijuana should or should not be legal in medical circumstances. Marijuana advocates were not the only ones overjoyed when U.S. Attorney General Eric Holder confirmed that he was ending federal raids on medical marijuana facilities unless they are in violation of both state and federal laws. In budget-strapped California, for one, taxpayers are grateful. There, the fed crackdowns, which had continued despite the end of the state's own raids, got in the way of upwards of $100 million in revenue for Marijuana sale taxes in 2007, according to Americans for Safe Access (ASA), an advocacy group for prescription pot.The federal Drug Enforcement Agency (DEA) is estimated to have spent more than $10 million from 2005 to 2007 on raids on California dispensaries alone. (Twelve other states have legalized medical marijuana.)The problem is clearly evidenced in the cases of Charles C. Lynch and 30 to 40 other individuals who faced or were incarcerated for medical marijuana-related charges before the Obama Administration relaxed its policy. Lynch was convicted in federal court in 2008 on five counts including distributing marijuana through his dispensary, Central Coast Compassionate Caregivers in Morro Bay, Calif. Lynch, 47, who believed he was complying with state laws regarding the running of his clinic — he had a business license for his dispensary, a nursery license for the marijuana plants he cultivated and the blessing of local city officials, including the mayor — was charged with violating both state and federal laws. Lynch's defense team was not allowed to inform the jury that medical marijuana was legal in the state or that Lynch was compliant with state law. While the Obama Administration cannot reverse the charges against Lynch, St. Pierre says it has great latitude over his sentencing. (State prosecutors have recommended the minimum mandatory sentence of five years in federal prison.) "They could commute his sentence. They can pardon his sentence. The author uses statistics, facts, and anecdotes to establish credibility. Author Stateman's intended audienece would be US adminstrators and US citizens.


Discussion Question:

Clarification:

Do you agree with the author's claim in which she thinks that in lynch"s trial the evident fact that his use and production of marijuana was for medical reasons could not be presented to the jury was not fair?


Application:

What's your take on this issue? Do you think marijuana should be legal in medical cases or in any extent?Explain your position.