CA Medical Pot Pair Receives Light Sentence

Judy & Lynn Osburn received about as low sentences as possible yesterday. This
continues the trend of federal judges bending over backwards to be lenient to
medical marijuana defendants, and further proves what a waste of money and integrity
the federal war on patients is. Her is a letter from the Osburns followed by an LA
Times article.

Dear friends,

We wish to express our deepest gratitude to all those who supported us through
letters, attendance at our hearing and/or positive thoughts and prayers for our
sentencing in federal court yesterday. Not only did this support strengthen us
personally, Judge Matz noted for the record that letters and the strong show of
support by those in attendance were factors in granting us a "lesser harm" reduction
in sentencing.

Much thanks to all who so respectfully attended the lengthy hearing, which did not
end until after 6:00 p.m. Words cannot express our feelings for Scott Imler, Jeff
Yablan and Jeffrey Farington for their unwavering support for us throughout this
ordeal that all five of us have faced.

Of course we are extremely grateful to our attorneys who came to our rescue with no
expectation of payment: Bill Panzer, Lynn's attorney and defense counsel for our
ranch home in the pending related civil forfeiture action; Brenda Grantland, who
wrote all of Judy's pre-trial motions that (along with Lynn's pre-trial motions
written by Bill P.) lay out the foundation for our constitutional and evidentiary
appeals; and Nancy Lord Johnson, Judy's attorney who volunteered her services even
though she had previously never known either of us personally.

We are also grateful for Judge Matz' thorough study of the issues involved, which
led him to the lesser harms reduction in our sentences described in the LA Times
article below.

We are both extremely happy to be at home together as we appeal our legal and
constitutional challenges to the Ninth Circuit.

--Lynn & Judy Osburn

http://www.latimes.com/news/local/la-me-weed14apr14,1,3849290.story

Use of Rare Rule in Pot Case Helps County Pair
'Lesser harm doctrine' is invoked as couple who grew marijuana get reduced sentences.

By David Rosenzweig, Times Staff Writer

Invoking a rarely used doctrine that says a defendant may commit a crime to avoid a
perceived greater harm, a federal judge granted reduced sentences Tuesday to a
Ventura County couple who grew marijuana for a now defunct West Hollywood cannabis
club.

U.S. District Judge A. Howard Matz sentenced Judy Osburn, 50, to one year of
probation for maintaining a place for the manufacture of marijuana. She could have
received as much as 37 months in prison.

"You are a principled person," Matz told the defendant. "I don't consider you to be
a threat or menace to society. But however salutary your purpose," he added, "the
ends do not justify the means."

Osburn's husband, Lynn, 54, received a one-year prison sentence because it was found
that he had kept weapons at their ranch, despite a previous conviction that barred
him from possessing guns.

The couple pleaded guilty in October after the judge ruled that they could not tell
a jury why they were growing marijuana or that they were doing so with the
understanding and support of West Hollywood city officials and the Los Angeles
County Sheriff's Department.

Judy Osburn was a director of the Los Angeles Cannabis Resource Center, which was
established after California legalized marijuana for medical use in 1996. The center
dispensed marijuana to about 960 patients, mostly victims of HIV-AIDS or cancer who
presented physician prescriptions.

In October 2001, agents from the federal Drug Enforcement Administration raided the
group's facility and shut it down. Three of its officers were indicted on charges of
maintaining an establishment for the purpose of possessing, distributing and
manufacturing illegal drugs. They were sentenced by Matz last year to probation
under the same legal doctrine he applied Tuesday to the Osburns.

Matz justified the sentence under the "lesser harm doctrine," under which the
defendants can be justified in committing a crime in order to avoid the perceived
harm of the greater suffering of patients.

Federal prosecutors opposed leniency for the couple, contending that they were not
entitled to it, partly because they had realized a handsome profit from their
marijuana sales to the West Hollywood center. Federal probation authorities said the
couple had reported a net profit of $67,000 in 1998, $160,000 in 1999 and $65,000 in
2000.

The prosecution also contended that the Osburns did not have permission from Ventura
County authorities to grow marijuana and that weapons were found in their house.

Matz said there was no evidence of any connection between the guns and the marijuana
growing. He also observed that Judy Osburn had met with the Ventura County Board of
Supervisors to discuss the marijuana operation.

Matz said it was possible to be altruistic and make money at the same time and that
he did not consider the Osburns to be "major profiteers."

Both sides plan appeals to the U.S. 9th Circuit Court of Appeals. Lynn Osburn's
sentence was stayed by mutual agreement pending the outcome of an appeal.

Despite state laws permitting marijuana use in certain circumstances, the U.S.
Supreme Court has ruled that federal law banning the possession and distribution of
marijuana trumps them. Besides California, eight other states - Alaska, Arizona,
Colorado, Hawaii, Maine, Nevada, Oregon and Washington - have such laws.

If you want other stories on this topic, search the Archives at latimes.com/archives.

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Hilary McQuie
Campaign Director
Americans for Safe Access
1678 Shattuck Ave. #317
Berkeley, CA 94709
510-486-8083
http://www.safeaccessnow.org