Dispatches from the Creation Wars

Remember the case of Charlie Lynch, who ran a medical marijuana dispensary and was recently convicted in a federal prosecution for it? The judge in the case has done something very interesting. He’s postponed sentencing Lynch and asked for comment from the Obama Department of Justice.

U.S. District Court Judge George H. Wu asked prosecutors for a written response from the Justice Department about its position on medical marijuana prosecutions in light of recent comments from Atty. Gen. Eric H. Holder Jr.

Holder said last week that the Justice Department under President Obama had no plans to prosecute dispensary owners who operated within their state’s law.

Wu said he did not believe that any change in policy would affect the conviction of Charles Lynch, 47. But the judge said he wanted to consider any new information about the policy before imposing sentence.

I think Radley Balko’s analysis is correct:

Sounds to me like Wu’s forcing Obama’s hand, here. And good for him. Obama has kept his campaign promise to call of the raids and respect local law on medical marijuana. But he shouldn’t get a pass on allowing pending outrages like Lynch’s case to go forward, either.

It sounds to me like Wu is looking for a reason to give a light sentence and wants Obama to provide political cover for it. And they should oblige him.