May 09, 2019 Feds Prepare State Trial in Federal Court

Feds preparing to put Lynch on State Trial in Federal Court, McIntosh Hearing

Feds are planning on putting Lynch on trial in Federal Court to determine whether he was following state law 12 years ago when he ran his Medical Marijuana dispensary in Morro Bay California. This is the so called McIntosh hearing based on the Spending Appropriations Rider 2015-2019. Feds are saying that Lynch needs to prove his innocence beyond a reasonable doubt.

FEDERAL PROSECUTORS

AS THIS COURT HAS ALREADY CONCLUDED, DEEFENDANT BEARS THE BURDEN OF PROVING HIS ACTIONS WERE IN STRICT COMPLIANCE WITH STATE LAW BY A PREPONDERANCE OF THE EVIDENCE.

Federal Public Defenders

In the appellate opinion in this matter, the court found it “contestable” whether Mr. Lynch was in “total compliance with state law,” indicating that even without further factual development, Mr. Lynch had raised doubt as to his compliance. Lynch, 903 F.3d at 1085...Thus, as dictated by law, at this stage, the burden shifts to the government to prove the CCCC was not in compliance with California medical marijuana laws beyond a reasonable doubt.

Lynch has also filed to have his case heard by the Supreme Court. Visit the Appeal and Supreme Court pages for the latest updates.