Richard M. Davis, Curator
USA Hemp Museum
Honorable Judge WuC/O Reuven Cohen, Federal Public Defender, 321 East 2nd Street, Los Angeles, CA 90012-4702Fax: (213) 894-0081email: email@example.com
Re: Federal Sentencing of Charles C. Lynch
Dear Judge Wu,
I am writing to in support of Charles C. Lynch and ask that in sentencing due process be served by your court. I am also an activist as is Charles and have been arrested for selling marijuana in Arizona in protest of prohibition laws there. I ask you to consider what I have to report on the laws, what I have found in my travels and travails regarding a way out of the legal marijuana morass.
Enclosed are papers written in response to what appears to me to be an illegal prohibition at the Federal level and action to break that prohibition at the state level, especially that happening in California. On the Federal level the US Constitution is the Supreme Law of the land. That law limits the Federal government. Those limits are clearly spelled out in the Ninth and Tenth Amendments of that Supreme Law. Rights and powers not specifically enumerated in the US Constitution are up for grabs by the States or the people.
In California, the people by Constitutional authority hold all the power. They have the power to make law independent of their government –bypassing that government, by initiative authority. This is what happened in 1996 with the Compassionate Use Act. The people made a new right to grow and use medical marijuana, one not enumerated in the Federal Constitution. Charles C. Lynch was following the appropriate law. The fact that the Federal Courts and government do not recognize that law after 12 long years, when they have had every opportunity to come and declare it unconstitutional, when they operate like thugs stealing money and medicine without due process, and when judges do not allow the truth in court, it is a disheartening commentary on the war on marijuana and hemp.
Until one Federal Judge stands up to the pressure and declares that due process is needed to sort out the facts around marijuana and hemp, as in this case, the people of California will continue to suffer the effects of an out of control Federal government. It is not just Charles C. Lynch, Your Honor, it is hundreds of well meaning citizens trying to sort out the unfathomable laws on medical marijuana.
Charles C. Lynch is guilty of helping people. Nothing else. He should be released pending a due process hearing on all aspects of marijuana law. How is due process served by incarcerating this man for dispensing a medicine the DEA’s own Judge Francis L. Young called one of the safest therapeutically active substances known to man. This makes no sense and screams for due process.
California initiative law is the law of the land in California on medical marijuana – the only law, assumed through the Supreme Law of the Land. The State laws and guidelines of the Attorney General are unconstitutional as they were not sent back to the people for a vote as per the California Constitution. The failure of the State government to act in accordance with the people’s law to implement a distribution system for all Californian’s after twelve years is unconscionable. I have been to court in California and was told by the Attorney General and the California appeals court that California S.B. 420, the State’s medical marijuana system did not apply to me. One has to volunteer for the law to be under its control. I did not volunteer.
In what smacks of fraud, the State Government refuses to state that by volunteering you give up your rights under the initiative law and get limits and restrictions and clarifications that are clearly amendatory to initiative law and are therefore unconstitutional – not approved by the electors.
Please recognize that the jury in this case was not told the whole truth about the affairs of Charles C. Lynch as due process demands. Please read the enclosed papers even though they were written for Arizona as the basic principles apply to all marijuana laws.
According to Justice Holmes, even a judge being bound to declare the law must know or discover the facts that established the law [See, Prentis v. Alantic Coast Line Co., 211 U.S. 210 (1908)]. Marijuana is non-narcotic, non-addictive, and not fatal if consumed. Marijuana is not a dangerous drug. Criminal penalties should be abolished and replaced by regulation if necessary.
Charles Lynch should be a free man. Thank you Judge Wu for your attention.
Richard M. Davis, Curator
USA Hemp Museum http://www.hempmuseum.org/
PRINTED ON HEMP PAPER
Please express your support for Charles Lynch and the millions of people in jail or with a criminal record for interacting with a plant.
Al Roker Marijuana Inc with Charles C. Lynch
Again, Al Roker and the MSNBC team did great job on their powerful documentary, Marijuana, Inc. The will of the people is being heard in the media finally.
From Richard M. Davis, who was at the historic Charles Lynch sentencing postponement is his quick description of the event. There is a cameo of Davis with Charles Lynch (in the webeo above) 9:10-9:15.
"Brenda and I went to the courthouse yesterday. The hempsters filled the room and heard the exchange between the frustrated prosecutor and Judge Wu. Lynch showed up with four attorneys which was impressive, the Feds also had four attorneys (who should have been looking for criminals)." Charles Lynch's sentencing postponement to the end of next month (April, 2009) is the result of Judge Wu asking for a clarification of the new hemp policy.
Could it be we are about to be free?
With Bruce Margolin on the team, then we're real confident about the outcome because Margolin is one of the greatest attornies ever in any field. Davis and Margolin stood up for the late Sister Somayah Kambui too as the LAPD dogged her for decades over the issue of hemp.
Davis is the founder and curator of the USA Hemp Museum, the source of this blog. He is also the author of
Please express your support for Charles Lynch and the millions of people in jail or with a criminal record for interacting with a plant. HEMP FOR VICTORY