A federal judge in Los Angeles is awaiting word from the Justice Department on the federal government's policy on medical marijuana dispensaries, The New York Times reports. The Bush administration's position was that federal laws outlawing marijuana trumped local laws allowing its distribution for medical purposes. Attorney General Eric Holder said last week that the federal government would not prosecute medical marijuana dispensaries as long as those facilities were in compliance with state and local laws.
Until the Justice Department clarifies its position, it's hard to know how this would affect the case in question, in which the defendant, Charles Lynch, is charged with distributing marijuana to persons under 21, which is illegal even under current laws allowing the distribution of marijuana in California for medical purposes. Lynch is currently facing a minimum of five years in prison if convicted.
-- A. Serwer