Ex-Morro Bay pot dispensary owner to seek new trial after conviction

By Sona Patel
spatel@thetribunenews.com

Attorneys for the former owner of a Morro Bay medical-marijuana dispensary who was convicted in federal court of five counts of distributing illegal drugs are expected to request a new trial.

Charles Lynch of Arroyo Grande — who operated Central Coast Compassionate Caregivers before it was raided last year by federal agents and local sheriff’s deputies—could face a minimum of five years in prison.

The case has been watched closely because it pits California’s voter-approved law allowing marijuana for medical purposes against federal law, which forbids any use, sale or growing.

San Luis Obispo attorney Lou Koory, who represented Lynch when he owned the Morro Bay dispensary, said Lynch will be sentenced on Oct. 20.

Lynch’s attorneys are expected to request a new trial in U.S. District Court in Los Angeles on Oct. 6. If the judge denies the request, he will be allowed to file an appeal.

“The fight is not over,” Koory said. “Charlie is fighting for his freedom but also fighting for the rights of others.”

Lynch was at home Wednesday, according to Koory.

He did not have to post bail because he had already paid $400,000 to avoid jail time when he was arrested in July 2007.

Lynch was charged in U. S. District Court that month, after the San Luis Obispo County Sheriff’s Department and the federal Drug Enforcement Administration raided the dispensary in March.

Details on the basis of the appeal were not available Wednesday.

However Koory said it would likely argue that Lynch received permission from the county and Morro Bay city officials, but found himself in an untenable position.

Lynch’s attorneys pointed out at trial that he called a DEA agent who reportedly told him to call the local jurisdictions.

That legal principle is known as entrapment by estoppel, in which a defendant argues that he broke the law based on bad advice from a government official. It was the core of Lynch’s defense during his Los Angeles trial.

The appeal process is likely to take a year, Koory said.